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HISTORY 



EASTERN VERMONT 



HISTORY 



OF 



EASTERN VERMONT.^ 



FROM ITS EAELIEST SETTLEMENT TO THE CLOSE 
OF THE EIGHTEENTH CENTURY. 



WITH A BIOGRAPHICAL CHAPTER AND APPENDIXES. 



BENJAMIN H. HALL. 



NEW YOEK: 
D. APPLETON & CO., 348 BROADWAY. 

1858. 



Entered according to the Act of Congress, in the year 1857, by 

BENJAMIN H. HALL, 

m the Clerk's Office of the District Court of the United States, for the Southern District 
of New York. 






/ </i>^ 



J¥ 



PREFACE. 



When", six years ago, I began to make researches for the purpose 
of ascertaining at what time the first settlements were made in 
Vermont, on the banks of the Connecticut river, by the whites, it 
was my intention, if I put pen to paper, to write but a small book, 
and to treat only of the southeastern portions of the state. As I 
continued my investigations, I became convinced that it would be 
very difficult to carry out this plan in an intelligible manner, with- 
out introducing into my contemplated work much that would 
appear too general for its narrow Umits. At the same time, I dis- 
covered that the disputes in which Kew York, New Hampshire, 
and Vermont were so long engaged respectmg the jurisdiction of 
the latter state, exerted an influence at the time, which told on the 
progress and development of every town and village and hamlet in 
Vermont. I then sought for some publication contaming a clear 
and full statement of these disputes. My search was unrewarded. 
I found that the Natui-al and Civil History of Vermont, by the 
learned Dr. Samuel Williams, was more particularly devoted to the 
discussion of questions of a scientific nature, and to a general account 
of the condition of the northern frontier of the United States, than 
to a specific description of the settlement and growth of Ver- 
mont. I found that the Natural and Political History of the 
State of Vermont, prepared by Col. Ira Allen, while in London, 
and printed at a London press, abounded in inaccuracies, and 
was only minute in the narration of affairs with which the author 
had been connected. I found that the Descriptive Sketch of the 
Present State of Vermont, by Dr. John Andrew Graham, was little 
else than a collection of unreliable, gossiping, entertaining letters, 
written more for self-gratification than to subserve any worthy or 
permanent interest. In the carefully collated History of Vermont, 
Natural, Civil, and Statistical, by the late Prof Zadock Thompson, 
I found the evidences of thorough research and patient investiga- 



VI PREFACE. 

tion, and much information illustrative of the natural resources of 
Vermont. 

Failing in these efforts to find a clear statement of the subject 
on which I desired light, I judged it necessaiy to extend my 
o"v\Ti examination to sources hitherto undeveloped, and to accom- 
pany -whatever I might ■write with an outline sketch of the jurisdic- 
tional controversy already referred to, that so the reader might not 
be ignorant of the causes which led to the internal commotions 
with which Vermont was for many years afiiicted. Becoming con- 
vinced that the connection between the early history of the towns 
in the southeastern part of Vermont, was much closer than I had anti- 
cipated, I determined to enlarge my work so as to include in it the 
annals of the old counties of Cumberland and Gloucester. Having 
reached this stage in my proceedings, I was led to fix the western 
limit of my historical bailiwick at the Green Mountams, the natural 
division of Vermont. 

In the pages that follow, I think I have rescued from oblivion 
many facts which the lover of American history will rejoice to 
know. The Avork, it is true, is local, but in it are described the 
character and deeds of a people who were pioneers in the march 
of civilization, patriots in the day of danger, useful citizens in the 
time of peace. In the preparation of this volume, I have collected 
a mass of unedited materials, from which the task would be com- 
paratively easy, to constri;ct a history of the whole state. Such 
a history should contain, not only a narrative of all the warlike 
events which have occurred within the limits of Vermont, but a 
full account, also, of the controversy for jurisdiction, which began 
in 1749 and closed in 1791 ; of the skilfully designed but unsuccess- 
ful diplrimatic efforts of the British government in Canada, for more 
than two years previous to the peace of 1783, to reduce Vermont to 
the condition of a Crown dependency; of the struggles of Vermont 
for her own separate independence ; and of the manner in which, un- 
aided by Congress, she maintained her name, her rank, and her 
honor unsullied, until admitted into the Union as a sovereign state. 
Should an interest be hereafter awakened in the minds of the citi- 
zens of Vermont, to know more of the thoughts and acts of their 
virtuous, manly, and independent ancestry — an ancestry Avhich I 
am proud to claim as my own — I shall not deny myself the pleasure 
of aiding in increasing that knowledge. 

By far the largest part of this volume has been prepared from 
papers which have never before been consulted for their historic 
value. In the offices of the Secretaries of the states of Vermont, 
New York, New Hampshire, Massachusetts, and Connecticut, 
thorough and critical examinations have been made of the docu- 
ments and i~>apers Avhich are there preserved. The twenty-three 



PREFACE. Til 

large volumes, called the " George Clinton Papers," which have 
been lately added to the New York State Library, at Albany, 
have been diligently consulted, and from them has been drawn 
much information that has never until now been made public. 
The letters and memoranda contained in these well arranged and 
carefully indexed volumes are invaluable to the historian, not only 
of New York but of Vermont also. 

To the Hon. William C. Bradley, of Westminster, a statesman, 
a lawyer, and a man of letters, whose learning and ability have for 
a half century been the boast of his native state, I would make my 
grateful acknowledgments for the many personal recollections and 
family papers he has placed at my service, without which, indeed, 
this work would have been incomplete in many particulars. From 
the Hon. James H. Phelps, of West Townshend, I have received 
much aid and encouragement, and many MSS. of importance re- 
lating to the part which his ancestors bore in the intestine strug- 
gles that so long disturbed the peace of the state. For these 
manifestations of his kindness, and for the active interest he has 
ever evinced in the success of my labors, I own my obligation. 
I would also express my appreciation of the value of the assistance 
I have received from the Hon. Ferrand F. Merrill, of Montpelier, 
the Hon. William M. Pingry, of Bethel, and other citizens of Ver- 
mont, whose services I may not have elsewhere acknowledged. 
To the skilful pencil of Larkin G. Mead Jr., Esq., of Brattle- 
borough, I am indebted for the drawings from which have been 
engraved several of the illustrations which adorn the work. 

I cannot but indulge a hope that not only those who still remain 
among the hills and valleys of their native state, but those also who 
have wandered from the old roof-tree to find a home in the different 
sections of the Union, may receive some gratification from the 
perusal of the history of their ancestors. 



Troy, IT. T., July 30th, 1S57. 



CONTENTS. 



CHAPTER I. p^„ 

First Settlements, 1 

CHAPTER n. 
Conflicts with the Indians, .... ... 25 

CHAPTER in. 
Frontier Life, 53 

CHAPTER IV. 
The French War. Town Settlements, .... 81 

CHAPTER V. 
First Settlements, 104 

CHAPTER VT. 
Organization of Cumberland County, 128 

CHAPTER VII. 

Progress of Organization, 159 

CHAPTER VIII. 

Legislation of the New York Colonial Assembly. Evi- 
dences of a Revolutionary Spirit, . . . . 187 

CHAPTER IX. 
The " Westminster Massacre," 209 



X CONTENTS. 

CHAPTER X. 

The Fii'st Tears of the Revolution, 



CHAPTER XI. 

The Formation of the State of Vermont, . 

CHAPTER XII. 
Opposition to the Government of Vermont, 



CHAPTER XIII. 



Conflict of Jurisdictions, 



CHAPTER XIV. 

Continuation of the Dispute. The Burning of Royalton, . 

CHAPTER XV. 
Enemies Within and Without, ...... 



CHAPTER XVI. 
The Civil Sustained by the Military Arm, .... 

CHAPTER XVII. 

Attempts to Obtain the Interference of Congress, 

CHAPTER XVIII. 

The Disordered Condition of the South-Eastern Portion of 
Vermont, 



CHAPTER XIX. 



The End of Resistance, 



CHAPTER XX. 

The Admission of Vermont into the Union, 

CHAPTER XXI. 
Early Laws of Vermont. Indian Inscriptions, 



PAGTE 

242 



281 



308 



332 



367 



400 



42: 



456 



485 



514 



541 



566 



BIOGRAPHICAL CHAPTER. 




Stephen Row Br.u)ley, 


593 


Paul Brigham, 


602 


Crean Brush, 


603 


TnoJiAS Chandler, 


633 


John Chandler, 


638 


Thomas Chandler Jr. 


63S 



CONTENTS. XI 

PAGE 

Blkanah Day, 640 

Samuel Fletcher, 640 

Samuel Gale, 643" 

John Grout, 650 

Lot Hall, 658 

Thomas Johnson, 666 

Joseph KELLoea, 669 

Samuel Knight 613 

Luke Knowlton, 675 

Joseph Lord, 617 

William Pateeson, 678 

Charles Phelps, 679 

Solomon Phelps, 691 

Charles Phelps Jr. 692 

Timothy Phelps, 693 

Noah Sarin, 694 

Noah Sarin Jr. 697 

Paul Spooner, 698 

Jonathan Stearns, 699 

Micah Townsend, 700 

Amos Tute, 706 

KoYALL Tyler, " . . . . 708 

Samuel "Wells, 718 

Daniel Whtpplb, 725 

JOSIAH WiLLARD, 726 

Josiah Willard Jr., 727 

William Willla.ms, 728 

Azarlah Weight, 730 

APPENDIX A. 

The Equivalent Lands, . ^35 

APPENDIX B. 

Renewal of the Treaty, 736 

APPENDIX C. 

Township Number One, 738 

APPENDIX D. 

Proprietors of Westminster, 739 

APPENDIX E. 

The Fight at John Kilburn's Fort, "739 

APPENDIX F. 

Proprietors of "Westminster, 742 

APPENDIX G. 

Division of Cumberland County into Districts, . . . 743 



Xll CONTENTS. 

APPENDIX H. ~ 
Census of January 16th, 1V71, 745 

APPENDIX I. 

The " Westminster Massacre," 746 

APPENDIX J. 

Opinions respecting a Separation from New York, . . 755 

APPENDIX K. 

The Recompense in Lands, 757 

APPENDIX L. 
Division of the $30,000, 761 

LIST OF THE CIVIL AND MILITARY OFFICERS 
OF CUMBERLAND AND GLOUCESTER COUN- 
TIES, 762 



ILLUSTRATIONS. 





• 






PAQB 


Sartwell's Fort, . 


' 26 


Commemorative Stones, 









65 


The Grave of Mrs. Jemima Tcte, .... 






•76 


The Grave op Caleb How, . 








17 


CouRT-HousE at Westminster, 








185 


The Westminster Meeting-House, .... 






211 


The Grave of William French, 








214 


Fac Simile op the Signature of 


Thomas Chandler, 






. 211,633 


11 11 11 u 


William Paterson, 






. 218, 678 


John Norton's Tavern, 








221 


Fac SmiLE op the Signature op 


Thomas Chandler Jr., 






. 235, 638 


U 11 II II 


Henry Evans, 






487 


II 11 11 II 


William Shattuck, 






487 


II 11 11 11 


Timothy Chur(jh, . 






488 


Indian Sculptures, 








58^ 


Indian Sculpture, . 








587 


Locality of the Sculptures, 








588 


"Indian Rock," 








590 


Stephen Row Bradley, 








693 


Fac Simile of the Signature of 

11 11 11 11 


Stephen Row Bradley, 
Paul Brigham, 






593 
602 


Crean Brush, 








603 


Fac Simile of the Signature of 


Crean Brush, 






603 


II 11 <i 11 


Elkanah Day, 






640 


(( 11 11 11 


Samuel Fletcher, . 






640 


11 II 11 11 


Samuel Gale, 






643 


II II 11 11 


John Grout, . 






650 


(1 II 11 11 


Lot Hall, 






658 


II 11 U 11 


Samuel Knight, 






673 


(1 11 II 11 


Joseph Lord, . 






677 


it I> II 11 


Charles Phelps, . 






679 


(1 II II u 


Timothy Phelps, . 






693 


(I II 11 11 


Noah Sarin, . 






694 


11 11 II 11 


Noah Sarin Jr., . 






697 


11 II II II 


Paul Spooner, 






698 


11 11 II II 


Micah Townsend, . 






700 


Rotall Tyler, 









708 


Fac Simile of the Signature op 


RoYALL Tyler, 






708 


II II II 11 


Samuel Wells, 






718 


11 11 11 11 


William Williams, 






728 


« II « 11 


Azariah Wright, . 






730 



CHAPTEE I. 

FIKST SETTLEMENTS. 

Early Divisions of Eastern Vermont— Cumberland County — Gloucester County — 
Champlain's Voyage — Squaklieag or Northfield — Philip's Wars — Indian In- 
cursions — King William's War — Burning of Deerfield — The March to Canada — 
Attempts of the English to reduce Canada — Port Royal captured — Treaty of 
Utrecht — Equivalent Lands — Great Meadow — Order to build a Block House 
above Northfield — Timothy Dwight — Fort Dimiraer — Its Defences — Indian 
Soldiei-s — Chaplain — Joseph Kellogg — Scouting Parties — Skirmishes — Peltry 
Trade at Fort Dummer — Journal of James Coss — Rev. Ebenezer Hinsdell — 
" Scaticook" and Caughna-waga Indians — Treaty at Fort Dummer. 

Vermont is divided into fourteen comities. Of these Windsor 
and Windham, situated in the south-eastern part of the state, 
comprehend nearly the same territory that under the govern- 
ment of New York was known, during a part of the last cen- 
tury, by the name of Cumberland county. This county was 
the first established in Vermont, then called the New Hamp- 
shire Grants, and probably received its name from Prince 
William the Duke of Cumberland, who in 17^6 met with dis- 
tinguished success in opposing the rebels in Scotland. 

Its boimdaries, as declared in the act of establishment passed 
by the Legislature of the province of New York, on the 3d of 
July, 1766, were described as " beginning at the west bank of 
Connecticut river, opposite to where the division line between 
the province of the Massachusetts Bay comes to the aforesaid 
river ; thence running on a direct line, about twenty-six miles, to 
the south-east corner of the township of Stamford ; from thence, 
on a direct line, about sixty miles, to the north-east corner of 
the township of Rutland ; thence north, thirty-one degrees east, 
eighteen miles ; thence easterly, to the north-west corner of the 
township of Linfield ;* thence easterly, along the north side of 

* Now the township of Royalton. 
1 



2 mSTOKT OF EASTEKN VERMONT. [1T66-1781. 

the townships of Linfield, Sharon, and Norwich, to Connecticut 
river aforesaid ; thence, along the west bank of the said river, 
to the place of beginning." 

When the subject was brought before the Lords of the Privy 
Council, in order that the " rojal approbation or disallowance" 
might be signified, the King, on the 26th of June, 1767, de- 
clared the act of the Kew York Legislature by which the county 
of Cumberland was established, void, and the Governor of the 
province of New York was ordered to act in accordance with 
this decision. Numerous applications were now made to the 
Ci'own for a new charter, and the inconveniences to which the 
inhabitants of the disfranchised county were subjected, through 
the want of a due administration of justice, were plainly set 
forth. In consequence of these representations, the King, on 
the 19th of March, 1768, re-established the county of Cumber- 
land, by Letters Patent under the Great Seal of the Province 
of New York, within the following limits : — ■ 

" Beginning at a point on the west bank of Connecticut river, 
opposite to where the line run for the partition line between our 
said provinces of the Massachusetts Bay and New Hampshire, 
touches the east side of the same river, and running thence 
west, ten degrees north on a direct line about twenty-six miles 
to the south-east corner of a tract of land called Stamford ; 
thence north, about thirteen degrees east on a direct line fifty-six 
miles to the south-east corner of the township of Socialborough 
in the county of Albany, in the south bounds of a tract of land 
formerly called Rutland ; thence north, about fifty-three degrees 
east on a direct line thirty miles to the south-west corner of the 
township of Tunbridge ; thence along the south bounds thereof 
and of Stratford and Thetford about eighteen miles to Con- 
necticut river aforesaid, and thence along the west banks of the 
same river to the place of beginning." 

By an act of the Legislature of New York, passed March 
Sttth, 1772, the boundaries were again changed, as will appear 
from a description of the limits then constituted. " Beginning 
on the west bank of Connecticut river opposite the point where 
the partition line between the colonies of the Massachusetts Bay 
and New Hampshire, touches the east side of the river, and 
extending from thence north eighty degrees west until such line 
shall meet with and be intersected by another line proceeding 
on a course south ten degrees west from the north-west corner 
of a tract of land granted imder the Great Seal of this colony, on 



1766-1781.] EAELT DIVISIONS OF THE STATE. 3 

the 4th day of September, ITTO, to James Abeel, and nine 
other persons, and extending from the said point of intersection, 
north ten degrees east nntil such line shall meet with and be in- 
tersected by another line to be drawn on a course north sixty 
decrees west from the south-west comer of a tract of land 
granted under the Great Seal of this colony, on the 13th day 
of November, a.d. 1769, and erected into a township by the 
name of Royalton, and running from the last-mentioned point 
of intersection south sixty degrees east to the west bank of 
Connecticut river, and so down along the west bank of the 
river, as the same river winds and turns to the place of begin- 
ning." 

On the 1st of April, 1775, other alterations were made, and 
the western portion of the county was so extended as to be 
bounded by a " line, beginning in the north boundary line of 
the province of Massachusetts Bay, at the south-west corner of 
the township of Readesborough, and running thence along part 
of the westerly bounds thereof, to a certain tract of land, 
granted to George Brewerton, Junior, and others, and erected 
into a township by the name of Leinster; thence along the 
southerly and westerly bounds of the said tract of land, to the 
north-west corner of the same ; thence on a direct course to the 
south-easterly corner of the township of Priiicetown ; thence 
along the easterly bounds of the same tract, as it runs to the 
north-easterly corner thereof ; and thence on a direct course to 
the southerly corner bounds of the township of Hulton, where 
it meets with and is intersected by the west boundary line of 
the county of Cumberland, as established" by former acts. By 
this change, the townships of Readesborough, and what are 
now Searsborough, Somerset, and Stratton, were added to 
Cumberland county. 

At the first session of the General Assembly of Vermont in 
1778, the state was, on the 17th of March, divided into two 
counties. The territory lying on the west side of the Green 
Mountains was called Bennington county, and that on the east 
side, Unity county. Tlie latter name was on the 21st of the 
same month changed, and that of Cumberland was substituted. 
By an act of the Legislature, passed February 11th, 1779, the 
division line between these two counties was fixed. Com- 
mencing at a point in the south line of the province of Quebec, 
fifty miles east of the centre of the deepest channel of Lake 
Champlain, it extended south to the north-east corner of the 



4 HISTORY OF EASTERN VERMONT. [1Y66-17S1. 

town of Worcester, and along the east lines of "Worcester, 
Middlesex, and Berlin, to the south-east corner of the latter 
town; thence on a sti'aight line to the north-west corner of 
Tiinbridge, and on the west line of Tunbridge to the south- 
west corner of that town ; thence in a straight line to the north- 
west comer of Barnard ;* thence on the west line of Barnard 
and Bridgewater and the east line of Shrewsbury to the south- 
east corner thereof ; thence west to the north-east corner of Wal- 
lingford ; thence south on the east lines of AVallingford, Har- 
wich,! Bromley,:}: Winhall, and Stratton, to the south-east corner 
of the latter, and west on the south line of Stratton to the 
north-west corner of Somerset ; thence south on the west line 
of Somerset to the south-west corner thereof; thence east to 
the north-west corner of Draper ;§ thence south on the west 
lines of Draper and Cumberland I| to the north line of Massa- 
chusetts. Cumberland county was bounded on the south by 
the north line of Massachusetts, on the east by Connecticut 
river, and on the north by the south line of the province of 
Quebec. 

In the laws of Yermont, passed October, 1780, the county of 
Cumberland, as just described, was referred to as being divided 
into the half-shires of Cumberland and Gloucester, the division 
line between them being nearly identical with the northern 
boundary of what is now Windsor county. By an act of the 
General Assembly of Yermont, passed in February, 1781, " for 
the division of counties within this state," the county of Cum- 
berland, as established in 1778 and 1779, was subdivided into the 
counties of Windham, Windsor, and Orange, Connecticut river 
being the eastern boundary, and the division line on the west 
from Quebec to Massachusetts, remaining as fixed in February, 
1779, all the land south of a Hue " begimiing at the south- 
east corner of Springfield, thence running westerly on the 
south line of said Springfield and Chester to the east line of 
Bennington county," was erected into the county of Windham. 
The land included between the north line of Windham coun- 
ty, and the north Hues of the towns of JSTorwich, Sharon, 
Royalton, and Bethel, was called Windsor county. Orange 
county comprehended all north of this to the Quebec Ihie. 
Yarious changes have since been made in the hmits of Wind- 

* In the printed act Bradford. Barnard was undoubtedly intended. 

■j- Now Mount Tabor. if. Now Peru. 

§ Now Wilmington. J Now Whitingham. 



ITGC-IYSI.] EARLY DIVISIONS OF THE STATE. 5 

ham and Windsor counties, by the addition of towns, and 
from other causes which it will be of but little benefit to record 
here. 

After the second establishment of Cumberland county by 
New York in 1768, immigration to the " Grants" increased, and 
the north-eastern part of that territory became the abode of a 
mixed and heterogeneous population. The more peaceable and 
intelligent portion of the inhabitants, being desirous of a county 
organization, presented their request to the Council of New 
York, and on the 16tli of March, 1770, an ordinance was passed, 
establishing as a separate county, by the name of Gloucester, 
" all that certain tract or district of land, situate, lying, and 
being to the northward of the county of Cumberland, begin- 
ning at the north-west corner of the said county of Cumber- 
laud, and thence running north as the needle points fifty 
miles ; thence east to Connecticut river ; thence along the west 
banlv of the same river, as it runs, to the north-east corner of 
the said county of Cumberland on the said river, and thence 
along the north bounds of the said county of Cumberland to 
the place of beginning." 

On the 21:th of March, 1772, by an act " for the better ascer- 
taining the boundaries of the counties of Cumberland and 
Gloucester," these limits were changed, and thenceforth Glou- 
cester county was bounded " on the south by the north bounds 
of the county of Cumberland ; on the east by the east bounds 
of this colony ; on the north by the north bounds thereof ; on 
the west, and north-west, partly by a Hne to be drawn from the 
north-west corner of the said county of Cumberland, on a course 
north ten degrees east, until such line shall meet with and be 
intersected by another line proceeding on an east course from 
the south bank of the mouth of Otter creek, and partly by 
another line to be drawn and continued from the said last men- 
tioned point of intersection, on a course north fifty degrees east, 
until it meets with and terminates at the said north bounds of 
the colony." 

After the establishment of Yermont as a " separate and inde- 
pendent" jurisdiction, the counties of Cumberland and Glou- 
cester, by an act of the Legislature, passed March 17th, 1778, 
were merged under the name of the county of Unity, which 
name was changed to Cumberland on the 21st. This large 
county, comprismg the whole of Eastern Yermont, was subdi- 
vided in February, 1781, and Windham and AYindsor counties 



6 HISTOET OF EASTERN YEKMONT. [1609. 

were established -vritli limits nearly identical with those by 
which they are now bounded. At the same time, the re- 
mainder of the territory east of the mountains, and extending 
to the Canada line, was formed into a county by the name of 
Orange. From Orange county, Essex and Caledonia coun- 
ties and a portion of Orleans county were taken on the 5 th of 
November, 1792. At a later period other encroachments were 
made by the formation of Washington county ; and thus, by gra- 
dual curtailment, Orange has been reduced to its present limits. 

It will be seen by the boundaries which have been recited, 
that much doubt prevailed as to the true western line of Cum- 
berland and Gloucester counties. Certainty on this point is of 
but little consequence, except geographically, as the events 
which form the History of Eastern Yekmont were mostly 
confined to the towns lying east of those composing the most 
western tier.* 

Tlie territory now comprising the state of Vermont, although 
noticed by Champlain in his voyage in 1609, when he dis- 
covered the lake that bears his name, was probably never 
visited by him. In the account which he gave of the explora- 
tion of Lake Champlain, passing reference is made to the Green 
Mountains and to the plains which Lie at their foot. " Con- 
tinuing our route along the west side of the lake, contemplating 
the country, I saw," said he, " on the east side very high moun- 
tains capped with snow. I asked the Indians if those parts 
were inhabited. They answered me, yes, and that they [the 
inhabitants] were L-oquois, and that there were in those parts 
beautiful valHes, and fields fertile in corn as good as I had ever 
eaten in the country, with an infinitude of other fruits, and that 
the lake extended close to the mountains, which were, according 
to my judgment, fifteen leagues from us. I saw others to the 
south not less high than the former ; only that they were with- 
out snow." This is undoubtedly the first information on record 
in regard to the scenery, condition, and inhabitants of Yermont, 
and like the accounts which were generally given by the Lidians 
to the early travellers in the New World, contains, in some 

* Book of Council Minutes, 1751-1768, xxvi. 442: also, 1764-1772, xxix. 250. 
Act of 12th George III, in Laws of New York, 1691-1773, Van Schaack's ed., 
pp. 698-700. Act of 15th George III., in New York Colony Laws, 1774, 1775, 
pp. 127, 128. Acts and Laws of General Assembly of Vermont, February 11, 
1779, p. 7. Also, those of February, 1781, p. 1. Brattleboro' Eagle, June 10, 1850, 
and September 27, 1849. Slade's Vermont State Papers, pp. 294, 295. 



1672-1675,] Philip's wae. 7 

particulars at least, the usual amount of exaggeration and 
fancy.* 

Owing to the comparatively small immigration, and the diffi- 
culties incident to a new and dangerous mode of life, settlements 
did not extend very rapidly ; and it was not until more than 
sixty years had passed, that any settlement was made within 
the territory which Champlain described, either from the lake 
side or from the banks of Connecticut river. In the year 
1672, a township was granted to John Pyncheon, Mr. Pearson, 
and others, at Squakheag, afterwards Northfield, on Connecti- 
cut river, and in 1673, a few people removed there from North- 
ampton, Iladley, and Hatfield. The township was laid out on 
both sides of the river, and inclosed an area of six miles by 
twelve, extending several miles into the present states of Ver- 
mont and ]!!^ew Hampshire, and including a valuable tract of 
interval land. The northern boundary of Massachusetts being 
undetermined at that time, the whole of this town was supposed 
to be within that province. f 

For several years preceding the settlement of Northfield, the 
Massachusetts Indians had carried on a war with the Mohawk 
tribe who dwelt on the banks of the river of that name in the 
province of ISTew York. As the English extended their boun- 
daries, the enmity of the Indians towards one another seemed 
partially to abate, and centre upon those whom they regarded as 
their natural foes. The war of Philip, which raged most fiercely 
during the latter part; of 1675, was characterized by the savage- 
ness and determination with which the red man hunted the 
white, and the white man, in turn, attacked the red. To detail 
the events of this period, would be foreign to the purpose of this 
work, as it would involve the recital of acts but httle connected 
with the history of the territory afterwards known as Yermont. 
It may not, however, be out of place to refer to some of the in- 
cidents which occurred within the limits of Northfield. Philip, 
having made an attack upon Swanzey, on the 24:th of June, 

* Doc. Hist. N. Y., iii. 6. 

f " A deed to William Clark and John King, of Northampton, agents for the pro- 
prietors of Norfchfield, covering A«s^ant, was made August 13th, 1687, by Naw- 
elet, Goiigegua, Aspiambelet, Addarawanset, and Meganichcha, Indians of the 
place, in consideration of 'two hundred fathoms of wampum, and fifty-seven 
pounds in trading goods.' It was signed with the marks of the grantors, and wit- 
nessed by Jonathan Hunt, Preserved Clap, William Clark, Jr., Peter Jethro, Jo- 
seph Atherton, and Israel Chauncey." Northfield Town Book in Hoyt's Indian 
Wars, pp. 77, 78 



8 HISTOKT OF EASTERN VEEMOXT. [1675. 

1675, deserted Mount Hope, liis favorite retreat, and was imme- 
diately pm'sued by Capt. Benjamin Cliurch, and others, con- 
spicuous as leaders at that time. With the removal of Philip, 
the scene of the war was changed from the neighborhood of 
Plymouth ; and Lancaster, Marlborough, and Brookfield, towns 
in the more inland parts of Massachusetts, soon began to suffer 
from the incursions of the Indians. After they had burned 
Brookfield, a large military force was stationed at that place, 
under the command of Major Simon Willard, and the country 
adjacent being thoroughly scoured by detached parties, the 
Indians fled westward and joined their allies at Deerfield. 
Small garrisons were now posted at Northampton, Ilatfield, 
Deerfield, and Northfield ; and Hadley was made " the English 
head-quarters for this part of the country." But no vigilance 
could ward off the invasions of the Indians. Deerfield, slightly 
guarded, was attacked on the 1st of September, 1675, and before 
assistance could be brought, one man had been killed and seve- 
ral houses burned. Shortly after, nine or ten persons were 
killed in the woods at Northfield, and a garrisoned house saved 
the lives of a larger number, who otherwise would have been 
exposed to a similar fate. For some time after, these two towns 
were wholly deserted by the English, and served as rendezvous 
for the Indians. Depredations were now constantly recurring, 
and scarcely a day passed that did not record some story of pil- 
lage or slaughter. An expedition for the purjDose of driving 
the Indians from Northfield was at length decided upon, and 
the Connecticut and Massachusetts commanders having joined 
their forces, proceeded up Connecticut river in two columns, 
one on either bank. Tliey destroyed quantities of fish and other 
articles which the Indians had collected and concealed ; saw the 
places where the Indians had tortured and bm-ned their caj^tives, 
and the very stakes to which these captives had been tied. Of 
the living enemy, they made no discovery, but the effective 
measures taken, proved of great security to the towns on Con- 
necticut river. 

With the death of Philip, departed the power which had 
given life and direction to the enmity of many of the Indians. 
Some of the settlers who had been driven from their homes on 
the Connecticut, now returned ; but the Indians in the north- 
western parts of Massachusetts, who had not depended upon 
Philip as a leader, still continued their depredations. Some of 
these tribes having attacked Ilatfield on the 19th of September, 



1677-1698,] SKIRMISH with the Indians. 9 

1677, were pursued by the English. Kesting one night at 
Northfield, they continued their retreat northward, and at a 
place in the neighborhood of the present town of Rockingham, 
Vermont, built a cabin, where, secure from the scouting parties 
of the whites, they remained for some time. 

From the year 1689, when the French papists began to 
spread their doctrines among the Indians in Canada, until the 
year 1763, the border settlements on the Connecticut and Mer- 
rimack rivers were constantly exposed to the ravages of the 
French and Canada Indians, and the territory of Yermont 
would have become the seat of war, had there been attractions 
enough within her borders to excite the feeling of lust, or 
wealth sufficient to arouse the desire of plunder. Poor as they 
were, her early settlers patiently bore their share of suffering 
and violence ; manfully sustained the attacks of the enemy, and 
cheerfully contributed their quota of men and arms for defence. 
The peace of Ryswick, signed in September, 1697, and pro- 
claimed at Boston on the 10th of December following, closed 
the war between England and France, but it did not put a stop 
to incursions against the English colonies. Among the incidents 
which occurred at this period, the following, related by Hoyt, 
may be mentioned. One evening in the month of July, 1698, 
a short time before sunset, " a small party of Indians killed a 
man and boy in Hatfield meadow, on Connecticut river, and 
captured two lads, Samuel Dickinson, and one Charley, put 
them on board of canoes, and proceeded up the river. The 
intelligence being received at Deerfield, thirteen miles above, 
twelve men were detached from that place, to intercept the 
Indians." 

Advancing about twenty miles, they chose a favorable spot 
on the right bank of the river, within the present town of Yer- 
non. Here they lay till morning, " when they discovered the 
Indians coming up near the opposite bank with the captured 
lads, in two canoes. Carefully marking their objects, the 
whole party gave the Indians an unexpected fire, by which one 
was wounded. The others, with one of the lads, leaped from 
the canoes, and gained the shore. They then attempted to kill 
the lads, but receiving another well directed fire, they fell back, 
on which the lad on shore joined his companion in the canoe, 
and both escaped across the river to their deliverers. Five or 
six of the party then embarked with the design of seizing the 
other canoe, which at this time had lodged on an island a little 



10 HISTORY OF EASTERN YEEMOXT. [1702-1704:. 

below. Two Indians who lay secreted not far distant, fired and 
killed Nathaniel Pomroy, one of the party. Tlie Indians then 
retired into the woods, and the English returned to Deer- 
field."* 

On the death of William III. of England in 1702, and the 
accession of Anne to the throne, war was again declared 
between France and England, and as a natural consequence, 
between the French and English colonies in America. North- 
field, at the commencement of King "William's war, had been 
protected by small works, and occupied by a few settlers. The 
people having been compelled to abandon it, the houses and 
forts were destroyed by the Indians, and the place was not re- 
occupied at the beginning of Queen Anne's war. Intelligence 
was received in the summer of 1703, that an attack was to be 
made on the frontier towns, and the truth of the report was 
soon after fully realized. In the winter of 1701, Major Hertel 
de Eouville, aided by his two brothers, and a force of two hun- 
dred French, and one hundred and forty-two Indians, set out from 
Canada for the purpose of attacking Deerfield, then one of the 
most flourishing, and with the exception of Northfield, the most 
nortliern town in Massachusetts. Proceeding up Lake Cham- 
plain to the mouth of Winooski river, and following up that 
stream, they crossed over to Connecticut river, down which 
they passed on the ice, and reached Deerfield on the evening 
of the 29th of February. At midnight the attack was made, 
and by sunrise they had killed forty-seven of the inhabitants, 
taken one hundi'ed and twelve captive, and burned every build- 
ing in the town, with the exception of the meeting-house, and 
one dwelling. Tlie story of the capture of the Reverend John 
Williams, the minister of this town, and his family, has long 
been familiar to every American schoolboy, and its fame has 
now become world-wide as connected with the late attempt to 
identify the Reverend Eleazer WiUiams, the reputed great- 
great-grandson of tlie Reverend John Williams, and Louis 
XYII. the dauphin of France, whose fate has been so long 
shrouded in obscurity. 

During their march to Canada, the captives suffered the 
most cruel privations. They rested at the close of their first 
day's journey, at what is now the town of Greenfield, the 
Indians having first taken every precaution available to prevent 

* Hoyt's Indian "Wars, p. 161. 



1704.] THE MARCH TO CANADA. 11 

their escape. The second night was spent within the limits of 
the present town of Bernardston. The fourth day brought them 
to a spot probably in the upper part of what is now the toM'n 
of Brattleborough, where light sledges were constructed for the 
conveyance of the children, the sick and wounded. The march, 
being now performed on the ice, became more rapid. On the 
first Sunday of their captivity, the prisoners were allowed to 
rest. Their halting-place is said to have been at the mouth of 
Williams's river in the present town of Rockingham, where the 
Reverend John Williams delivered a discom'se from these 
words : " Tlie Lord is righteous ; for I have rebelled against 
his commandments : hear, I pray you, all people, and behold 
my sorrow ; my virgins and my young men are gone into cap- 
tivity."* From this circumstance the river received its name. 
At the mouth of White river, Rouville divided his company 
into several parties, and thence they took diiferent routes to the 
St. Lawrence. That party which Mr. Williams accompanied 
ascended White river, and passing the highlands struck the 
Winooski or Onion, then called French river. Journeying 
down that stream to Lake Champlain, they continued their 
march on the lake to Missisco bay. Thence they proceeded 
to the river Sorel where they built canoes, and passing down 
to Chambly, continued on to the village of Sorel, where 
some of the party remained, but Mr. Williams was conveyed 
thence down the St. Lawrence to the Indian village of St. 
Fran5ois, and was 'subsequently sent to Quebec. 

Another party ascended Connecticut river, and halting some 
time at Coos meadows, their provisions being exhausted, barely 
escaped starvation by procuring wild game ; two of the party 
actually died of hunger. The majority of the captives were 
soon aftei'wards redeemed, and were allowed to return to their 
friends. One of them, however, Eunice the daughter of the 
Rev. John Williams, became so much attached to Indian hfe, 
that she married an Indian, and became the ancestor of the 
Indian branch of the Williams family.f 

Tlie enemy, emboldened by the success they had met with at 
Deerfield, were continually harassing the frontier settlements, 
and endeavoring to cut ofi" the scouting parties which were 



* Lamentations, chap, i., v. 18. 

f Biographical Memoir of Rev. John Williams, Greenfield, Mass., 1837. Hoyt's 
Indian Wars, pp. 186-194. Williams's Hist. Vt , ed. •2d, 304-307. 



12 HISTORY OF EASTERN "ST;RM0NT. [1704—1713. 

sent Gilt from them. On tlie 31st of July, 170-i, they attacked 
Lancaster in Massachusetts, and reduced most of the dwellings 
to ashes, and in the years 1705 and 1706 many towns in New 
Hampshire and Massachusetts suffered severely from their de- 
predations. In order to put an end to these incursions by de- 
stroying the sources whence they emanated, an army was sent 
in 1707 against Port Royal in Canada, but the issue was unsuc- 
cessful, and the troops returned home, having effected nothing 
of importance. The next year Hertel de Rouville, at the head 
of a party of French and Indians, plundered and burnt the 
town of Haverhill in Massachusetts on the 29th of August, 
killed about forty of the inhabitants, and took a large number of 
them captive. Not long after, as a scouting party from Deer- 
field was returning from White river in the present state of 
Vermont, one of its members. Barber by name, was killed by 
the Lidians, and another, Martin Kellogg Jr., was captured. 

Calling into service a larger body of troops, the British 
government again resolved, in 1709, on the reduction of Canada. 
Tlie event of this attempt was like that of the former. The 
English squadron did not arrive, and the New York forces 
being greatly lessened in numbers by sickness, the expedition 
proved a complete failure. Tlie French, notwithstanding the 
threatened invasion of Canada, kept smaU parties of Indians on 
the English frontiers. By some one of these straggling forces 
Lieut. John Wells and John Burt, while on a scouting expedi- 
tion, were, in May, 1709, killed in a skirmish on Onion river in 
the present state of Vermont. Enraged at this loss, the scout to 
which they belonged penetrated to Lake Champlain, and killed 
several of the enemy. In June of the same year another 
attack was made on Deerfield by a force of one hundi-ed and 
eighty French and Indians, under the command of one of the De 
Rouvillcs, but on account of the vigilance of the inhabitants the 
effort proved unsuccessful. In 1710 an armament raised in 
Massachusetts, New Hampshire, and Connecticut, in conjunction 
with forces from England, all commanded by Colonel Nicholson, 
sailed from Boston, besieged and captured Port Royal, and 
changed the name to Annapolis. 

During the year 1711 another expedition was fitted out 
against Canada. Tlie fleet accompanying it sailed from Boston 
on the 30th of July, but was wrecked at the mouth of the St. 
Lawrence on the 25th of August following. As the result of 
this disaster, by which a thousand lives were lost, the expedi- 



1713.] EQUIVALENT LANDS. 13 

tion, the third which had been made against Canada in the 
space of four years, was abandoned. The treaty of Utrecht 
was signed on the 11th of April, 1713, and on the 29th of the 
following October, was proclaimed at Boston. A formal peace 
was made with the Indians on the 11th of July, 1714, at Ports- 
mouth, New Hampshire, and for a few years the land had rest 
from war.^ 

Previous to, and during the late wars, the General Court of 
the Province of the Massachusetts Bay had granted several large 
tracts of land, which were supposed to be situated within the 
provincial limits. Upon this presumption these tracts had be^n 
taken up and surveyed by the grantees, and many of them had 
ah-eady become the centres of permanent and flourishing settle- 
ments. On determining the boundaries between this province 
and the colony of Connecticut, in the year 1713, 107,793 acres 
of the land so granted, were found to be without the true hmits 
of the former government. Massachusetts, wishing to retain all 
the territory which she had hitherto supposed her own, entered 
into an agreement with her sister colony, in accordance with 
which it was determined, " that the said colony of Connecticut 
should have 107,793 acres of land as an equivalent to the said 
colony for lands allowed and granted to belong to the said pro- 
vince, that fall to the southward of the hue lately run between 
the said province and colony." Although the southern bound- 
ary of Massachusetts was fixed by this determination, yet it was 
still uncertain how far her territory extended to the north. 

The equivalent lands were located in four different places. 
One of the portions containing 43,943 acres, situated above 
Northfield, on the west bank of Connecticut river, within the 
bounds of the present towns of Putney, Dummerston, and Brat- 
tleborough, in the state of Yermont, was limited in the following 
manner : " The north east corner boundary is the mouth of the 
brook, at the northward end of the Great Meadow, where s*^ 
brook emptieth itself into Connecticut river att the foot of Tay- 
ler's island, from whence it bounds upon Connecticut river (as 
the river runs,) eastwardly down to the mouth of the brook that 
emptieth itself into Connecticutt river att the lower end of the 
Meadow, about three miles southward of the West river. And 
from the mouth of s'^ brook it extends west north west by the 
needle of the surveying instrument six miles and half and from 

• Hoyt's Indian Wars, pp. 196-203. 



14 HISTORY OF EASTERN VERMONT. [1713. 

thence it extends nearest north north east by the needle of the 
surveying instrument twelve miles, which is the westerly bound- 
ary of s^ lands, and from thence it extends east south east by the 
needle of the surveying instrument six miles and half to the 
mouth of the brook at the uper end of the Great Meadow."* 

Tlie colony of Connecticut, having received all the land to 
which she was entitled, caused it to be sold in Hartford at pubhc 
vendue, on the 24:th and 25th of April, 1716. It was divided 
into sixteen shares, and was bought by gentlemen from Con- 
necticut, Massachusetts, and London, who paid for it six hundred 
and eighty-three pounds, Kew England currency, which amoimt- 
ed to " a little more than a farthing per acre." The money thus 
obtained was applied to the use of Yale College.f 

The purchasers of the land, being then tenants in common, 
made partition of the whole amount, and the tract situated above 
JSTorthfield, on the west bank of Connecticut river, fell to William 
Dummer, afterwards Lieutenant Governor of Massachusetts, 
Anthony Stoddard, "William Brattle, and John White. By a deed 
from the Honorable Gurdon Saltonstall, Governor of Connecticut, 
and the rest of the proprietors, this tract was conveyed to the 
four above named gentlemen, " as their part and proportion," 
and was by them, and those holding under them, improved and 
possessed for many years.:}; 

The colonies being now at peace with the Indians, the frontier 
settlements began to assume a more prosperous apj)earance, and 
the losses which had been sustained by the ravages of the enemy 
were in a great measure rej)aired. But by the time that affiiirs 
had become so arranged as to invite immigration, and warrant 
the safety of new settlements, Massachusetts and IS'ew Hamp- 
shire were again compelled to prepare to defend their borders 
against the Lidians. By the instigations of Sebastian Rale, 
a French Jesuit, who had gained the esteem and respect 
of the Lidians, they, in 1721, began their usual depredations, 
and th» next year war was declared against them by Massa- 
chusetts. 

JSTorthfield and Deei*field were still the frontiers of this pro- 

* Records in the office of the Secretary of the State of Connecticut, entitled, 
" Colonial Boundaries, vol. iii., Ma-ssachusetts, 1670-1827." 

•j- See Appendix A. Trumbull's History of Connecticut, i. 471. Williams's His- 
tory of Vermont, ii. 10. Doc. Hist. N. Y., iv. 547, 548. 

X Petition of Joseph Bryant, dated August 11th, 1766, in office of the Sec. State 
N. Y., Land Papers, 1766, vol. xxL 



1721-1724.] BUILDING OF FOKT DUIVEVIER. 15 

vince on Connecticut river, and tliese, with other exposed towns, 
were rendered defensible against the attacks of the enemy. In 
order more effectually to secure the safety of the inhabitants, the 
General Court of the province of the Massachusetts Bay voted, 
on the 27th of December, 1723, "that it will be of great service 
to all the western frontiers, both in this and the neighboring 
government of Connecticut, to build a Block House, above 
Northfield, in the most convenient place on the lands call'd the 
Equivalent Lands., and to post in it 40 able men, English and 
"Western Indians, to be employed in scouting at a good distance 
up Connecticut river. West river, Otter creek, and sometimes 
eastwardly, above great Monadnuck, for the discovery of the 
enemy coming towards any of the frontier towns, and that so 
much of the said Equivalent Lands as shall be necessary for a 
Block House be taken up with the consent of the owners of 
the said land, together with five or six acres of their interval 
land, to be broke up or plowed for the present use of the West- 
ern Indians, in case any of them shall think fit to bring their 
families thither." * 

To fulfil the provisions contained in this vote, to wliicli Lieu- 
tenant-Governor Dummer gave his assent. Col. John Stoddardf 
of Northampton was ordered to superintend the building of 
the block house. The immediate oversight of the work was 
committed to Lieut. Timothy Dwight,:}: who with a competent 
force, consisting of " four carpenters, twelve soldiers with nar- 
row axes, and two teams," commenced operations on the 3d of 
February, 1724.§ 

Before the summer had begun the fort was so far completed, 

* Massachusetts Court Records, 1723-1725, p. 153. 

■j- An estimate of the character of " this distinguished man" is given in Dwight's 
Travels, i. 331-335. 

:|: Lieut. Timothy Dwight of Northampton, Mass., was the first commander at 
Fort Dimimer, and probably occupied that position from February, 172-1, until the 
close of the year 1726. But this office did not engross his whole attention. In 
July and August, 1724, he superintended the erection of a fort at Northfield, and 
in 1725 was engaged as a surveyor. He was afterwards a Judge of Probate in 
the county of Hampshire, and was preceded in that station by John Stoddard of 
Northampton, and Samuel Partridge of Hatfield, and succeeded by Israel Wil- 
liams of the latter place. 

§ " It [the fort] was built by carpenters of Northfield at 6 shillings per diem, 
except Crowfoot [John Crowfoot, an Indian of Springfield] who received 6 shil- 
lings. The soldiers slept in the woods, and earned 2 shillings per diem besides 
their stated pay. The horses worked hard, eat oats and nothing else. They 
earned 2 shillings for service, per diem.'' — Records in office Sec. State, Massachu- 
setts, lii. 32. 



16 HISTORY OF EASTERN VERMONT. [1724. 

as to be habitable. It was situated on the west bank of Con- 
necticut river, in the south-east comer of the present town of 
Brattleborough, on what are now called " Dummer Meadows," 
and was named Fort Dummer, in honor of Sir William Dum- 
mer, at that time Lieutenant-Governor of Massachusetts.* 
This was the first civilized settlement within the borders of the 
present state of Vermont. The fort was built of yellow pine 
timber, which then grew in great abundance on the meadow 
lands. In size it was nearly square, the sides measuring each 
about one hundred and eighty feet in length. It was laid up 
in the manner of a log-house, the timbers being locked together 
at the angles. In a letter dated February 3d, 172f , written 
by Col. John Stoddard to Lieutenant-Governor Dummer, in 
reference to its construction he said, " I forgot to take notice of 
your thought of setting stockadoes round the fort to keep the 
enemy at a distance. I don't well apprehend the benefit of it, 
for we intend the fort shall be so built that the soldiers shall be 
as safe, if the enemy were in the parade, as if they were with- 
out the fort." In an answer to this letter, Governor Dummer 
advanced* other suggestions. " Untill," wrote he, " the frost be 
out of the ground how wiU you lay y' foundation, and I think 
there ought to be a good one of stone and that carried some 
height above y^ Ground, and also cellars for the use and con- 
veniency of so many people." Tlie houses within were so con- 
structed that the walls of the fort formed the back wall of each 
building. The roof was a single one, slanting upward to the 
top of the fort walls. All the houses fronted on a hollow 
square, and were arranged in such a manner, that in case the 
enemy should burst the large gate which closed the entrance 
to the fort, and gain access to the parade, they could be 
instantly rendered defensible by barricading the doors and 
windows. Besides the small arms with which the soldiers 
were furnished, the garrison was also defended by four pat- 
tararoes. 

From the time the fort was commenced until the first of June 
following. Captain Dwight's force numbered in all fifty-five 
effective men, of whom forty-three were English soldiers, and 
the remainder Indians. The latter belonged to the " Maquas" 
tribe, and were under the command of their sachems, Hendrick 

* The site of Fort Dummer and the adjoining meadow belonging to it, form a 
portion of what is now known aa the " Brooks farm." 



1724.] INDIAN SOLDIERS. 17 

Maqna, of Connancliiwliorj, and Umpaumet, wlio dwelt on tlie 
banks of Hudson river.* 

Great importance was attached to the presence of the In- 
dians, and various means were taken to retain them in the ser- 
vice. On the 20th of June, 172-4, a committee which had been 
appointed by the General Court of Massachusetts to examine a 
demand made by the Maquas, engaged in the service of that 
government at Fort Dummer, reported, pursuant to the pro- 
mise of Col. Schuyler, " that two shilKngs per day be allowed 
to Hendrick and Umpaumet, as they are sachems, and the first 
of that rank that have entered into the service of this province ; 
That none of y® Indians be stinted as to allowance of provisions ; 
That they all have the use of their arms gratis, and their guns 
mended at free cost ; That a supply of knives, pipes, tobacco, 
lead, shot, and flints, be sent to the commanding officer at the 
fort, to be given out to them, according to his discretion ; That 
four barrels of rum be sent to Capt. Jon^ Wells, at Deerfield, 
to be lodged in his hands, and to be delivered to the command- 
ing officer at the Block-House as he sees occasion to send for it, 
that so he may be enabled to give out one gill a day to each 
Indian, and some to his other men as occasion may require." 
But with all these and other endeavors the Indians could not 
be induced to remain at the fort for more than a year. 

From the time the fort was commenced those to whom it 
was intrusted seem to have exercised a care for the moral wel- 
fare of those who were there stationed. In the letter of Col. 
Stoddard, above referred to, he remarked on this subject: 
" Dwight thinks they should live a heathenish life unless a 
chaplain be allowed, and besides the advantage the English 
soldiers may receive from him, it may possibly be an oppor- 
tunity to Christianize the Indians, which the Assembly (in the 
former part) seemed very desirous of." In accordance with 
this wish the General Court voted on the 3d of June, that " Dr. 

* The names of these Indians, with their residence, are contained in the 
annexed list. 

Under Hendrick Maqiia. 
Ezerus of Connauchiwhory ; Kewauchcum of "Westonhook ; 

Cosaump of Wittaiig. 
Under Umpaumet or Ampaumet. 
Wattunkameeg, Noonoowaumet, 

Pomagun, Poopoonuck, from Hudson river; 

Waunoouooseet, Suckkeecoo from " Scahticook." 

Faukaqxiint, 

2 



18 HI8T0ET OF EASTERN YEKMONT. [1724. 

Mather, Mr. Coleman, Mr. Sewall, Mr. "Wadswortli, be desired 
to procure a person of gravity, ability, and prudence," to be pre- 
sented to the Governor for his approval, as chaplain to the fort. 
Daniel Dwight, of Northampton, vras chosen to this post, but it 
does not appear that he held it long. His pay vras lixed at one 
hundred pounds for the year, and besides his duties as chaplain 
it was more especially enjoined upon him to " instruct the In- 
dian natives residing thereabouts in the true Christian reli- 
gion." 

The soldiers were provided with goods and clothing by the 
commander of the fort, who received his supplies from the Trea- 
surer of the province of Massachusetts, and sold them at a more 
reasonable rate than they could have been obtained elsewhere. 

No sooner were the necessary arrangements completed, and 
the fort garrisoned by English and by friendly Indians, than the 
hatred and suspicion of the Canada tribes in the employ of the 
French and of the Maseesqueeg or Scatacook Indians received 
a new impulse, and their reconnoitring parties began to be sources 
of the greatest annoyance. On the 25th of June the Indians 
attached to the fort discovered tracks to the south which appeared 
to have been made only a short time previous. A party of 
sixteen proceeded on a scout, and soon after fell in with about 
forty of the enemy; but their force being too small to accomplish 
what they had wished, they returned without hazarding an 
attack. On the 11th of October Fort Dummer was attacked by 
seventy of the enemy, and four or five of its occupants were 
either kiUed or wounded. Col. Stoddard of Northampton, who 
was at that time intrusted with the defence of this quarter of 
tlie country, immediately marched from that place with fifty 
men, but the enemy had left the fort before he arrived. 

Capt. Joseph -Kellogg, who was engaged at this time in 
watching Fort Dummer, and two other garrisons on the western 
frontiers of Massachusetts, having received orders to scout, 
commenced sending out parties on the 30th of November. 
Tlie routes which they took "for the discovery of the enemy" 
were various, and can be easily traced at the present time, the 
names by which the streams, mountains, and falls were then 
designated being in most instances the same as at present. 
Sometimes their course lay along the west side of Connecti- 
cut river, and ended at the Great FaUs.* Again they would 

* Now Bellows Falls. 



1725.] SCOUTING PARTIES. 19 

follow up "West river a few miles, and then striking across the 
country, reach the Great Falls by a different route. Sometimes 
theu' place of destination would be the Great Meadow, and anon 
we read that they " came upon Sexton's river six miles from 
y^ mouth of it, w" empties itself at y® foot of y® Great Falls, 
and then they came down till they came to y® mouth of it and 
so returned." On another occasion they were " sent up y® 
"West River Mountain, there to Lodge on y^ top and view 
Evening and Morning for smoak, and from thence up to y® 
mountain at y^ Great Falls and there also to Lodge on y® top 
and view morning and evening for smoaks." Tlius most of the 
winter was spent, in traversing the wilderness, fording bridgeless 
streams, and climbing mountains slippery with snow and ice. 
To such vigilance and activity it was owing that for nearly a 
year, and at a time when the Lidians were exceedingly trouble- 
some and unfriendly. Fort Dummer and the adjacent garrisons 
were unmolested by them. 

During the month of July, in the year 1725, Capt. Benja- 
min "Wright, of Northampton, being on a scouting expedition 
with a corps of volunteers, consisting of about sixty men, ascend- 
ed the Connecticut river as high as "Wells river, which stream 
he explored some distance ; and after having passed several 
small lakes, struck Onion or "Winooski river, and followed it until 
within sight of Lake Champlain. Provisions becoming scarce, 
the party retraced their steps and returned to ISTorthfield without 
meeting the enemy. Li his journal, "Wright mentions " a fort at 
the mouth of "Wells river." As we have no other account of 
such an establishment than the one here given, the suggestion 
of Mr. Hoyt is no doubt correct, that it was " probably a small 
stockade, for the security of the scouts." On the 28th of Sep- 
tember, Capt. Dwight, of Fort Dummer, sent out a party of 
six men to scout in a westerly direction. On their return, while 
halting to refresh themselves, they were attacked by the Li- 
dians, who, fourteen in number, came suddenly upon them. 
The scouts fired, but successful resistance was out of their 
power. Thomas Bodurtha of Springfield, and John Pease of 
Enfield, were killed ; Edward Baker of Sufiield, John Farrar of 
Ashford, and Nathaniel Chamberlain of Hatfield, were captur- 
ed ; and Anthony "Wiersbury, a German, reached the fort in 
safety, being the only one of the party who escaped unharmed.* 

* ilS. papers in office Sec. State, Mass. Hoyt's Indian Wars, p. 215. 



20 HISTORY OF EASTERN VERMONT. [1725-1T31. 

Although attacks were frequently made on the EngKsh settle- 
ments in New Hampshire and along the Connecticut, by the 
French or Abenaquis Indians, yet it must be remarked that 
this conduct did not arise from the enmity of France and Eng- 
land, for at that time those nations were at peace with one an- 
other. In order, if possible, to bring to an end the war in Ame- 
rica, commissioners were sent from Massachusetts and Kew 
Hampshire to Canada. They were poKtely received by the 
Marquis de Yaudi-euil, Governor of Canada, but were unable 
to effect with him the object of their mission. A few depreda- 
tions were committed after the commissioners returned, but it 
was soon ascertained that the Lidians were not averse to peace. 
Li accordance with their desire, a treaty of that nature was held 
at Boston on the 15th of December, and was ratified at Fal- 
mouth the following spring. This being publicly declared, 
the garrisons were withdrawn from many of the forts, and on 
the 2Tth of August, 1726, the forces " at the Block-House above 
ISl'orthfield" were ordered to be dismissed from the service. By 
a mistake, the order was withheld until news came on the 24th 
of ISTovember, that some of the Canada tribes were, by the com- 
mand of the Governor of Canada, " spirited out for mischief on 
the frontiers." On the receipt of this information, by the advice 
of the Lieutenant-Governor, the garrison was continued mitil 
the cause of danger was removed.* 

Capt. Joseph Kellogg, who had been for many years a pri- 
soner among the French and Indians in Canada, and had learned 
the manner in which the peltry trade was conducted between 
them and the western Indians, having presented a memorial to 
the General Court of Massachusetts, on the loth of January, 
172T, in which he expressed his behef that the same kind of 
trade might be carried on by the Massachusetts government to 
good advantage, followed up this statement with a request that 
a trading-house might be estabhshed at Fort Dummer or further 
up Connecticut river. To this petition a favorable answer was 
given. In order to insure a continuance of the friendship of 
the Indians, the General Court agreed to supply them with 
such articles of food and clothing as they should need, and take 
their fiu's in exchange. Fort Dummer, being conveniently 
situated for a " Truck-house," was selected for that purpose, 
and was thus " improved " for many years, the business being 

. * MS. papers. Belt. Hist. N. H., ii. '70-80. 



1725-1731.] JAMES coss's journal. 21 

under the charge of Joseph Kellogg, who bore the titles both 
of Captain and Truck-master.* 

The Indians, finding that they could carry on a cheaper trade 
at this station than at the French trading-houses, resorted 
hither in large numbers, bringing with them, among other 
articles of traffic, deer skins, moo^e skins, and tallow. The fort 
was soon found to be too small to accommodate all who came to 
it, and Capt. Kellogg was accordingly ordered, on the 10th of 
April, 1729, to raise an out-house in some convenient place 
near the Truck-house, " for the reception of the Indians." At 
the same time he was directed to build a boat for transporting 
the supplies, to advance fifteen instead of fifty per cent, on pro- 
visions, and to supply the soldiers with clothing at the same price 
with the Indians. He was also permitted to sell beaver skins 
to the people residing in the vicinity who should desire to 
obtain them for the purpose of converting them into hats. In 
July, 1731, further improvements were made at the block-house 
by the addition of a store-house at the back of the main build- 
ing, and by repairs which had become necessary. 

The route which the Indians usually took in going from 
Canada to Fort Dummer, was by Lake Champlain, Otter 
creek, and Black and Connecticut rivers. The government of 
Massachusetts being about to take measures to ascertain the 
exact course of this " Indian road," obtained from a certain 
James Coss or Cross, the following diary of a journey from Fort 
Dummer to Lake Champlain, performed in the year 1730. 
From it something may be learned of the manner of travelling 
in the wilderness in those early times, and of the hardships per- 
taining thereto. 

" Monday, y« 27th April, 1730, at about twelve of y« clock 
we left Fort Dummer, and travailed that day three miles, and 
lay down that night by West River, which is three miles dis- 
tant from Fort Dummer. JSTotabene. I travailed with twelve 
Canady Mohawks that drank to great excess at y^ fort and 
killed a Skatacook Indian in their drunken condition, that came 
to smoke with them. 



* The first appropriation for trading purposes was made on the 19th of June, 
1728. -when the General Court voted to set apart "£1000, equal to about £333 
6s. 8d. sterling, for the purchasing goods to be lodged at the Truck-house above 
Northfield, to supply the Indians withal." The Truck-master was ordered " to 
advance 50 per cent, on rum, sugar, and molasses, and 2.') per cent, on European 
goods." 



22 mSTOKT OF EASTEKN VERMONT. [1725-1731. 

" Tuesday. "W"e travailed upon the great River* about ten 
miles. 

" Wednesday. "We kept y® same course upon y® great River 
travailed about ten miles, and eat a drowned Buck that night. 

" Thursday. We travailed upon the great River within two 
miles of y^ Great Fallsf in said River, then we went upon Land 
to the Black River above y^ Great Falls, went up in that River 
and lodged about a mile and a half from the mouth of Black 
River, which days travail we judged was about ten miles. 

" Fryday. We cross Black River at ye Falls:}: afterwards 
travail through y^ woods N-IST, W. then cross Black River again 
about 17 miles above our first crossing, afterwards travailed y^ 
same course, and pitched our tent on y^ homeward side of 
Black River. 

" Saturday, We crossed Black River, left a great mountain 
on y® right hand and another on ye left.§ Keep a IST. W. course 
till we pitch our tent after 11 miles travail by a Brook which we 
called a branch of Black River. 

" Sabbath Day. Soon after we began our days work, an old 
pregnant squaw that travailed with us, stopt alone and was 
delivered of a child, and by Monday noon overtook us with a 
living child upon her Back. We travail to Black River. At 
ye three islands, between which and a large pound we past y® 
River, enter a mountain,! that afibrded us a prospect of y® 
place of Fort Dummer. Soon after we enter a descending 
country, and travail till we arrive at Arthur Creekf in a 
descending land. In this days travail which is 21 miles, we 
came upon seven Brooks which run a S. W. course at ye north 
end of said Mountain. From Black River to Arthm* Creek we 
judge is 25 miles. 

" Monday. Made Canoes. 

" Tuesday. Hindered travailing by rain. 

" Wednesday. We go in our Canoes upon Arthur Creek, till 
we meet two great falls in said River.** Said River is very 
Black and deep and surrounded with good land to y® extremity 
of our prospect. This days travail 35 miles. 

* Connecticut river. \ Bellows Falls. 

X At Centre village in the town of Springfield. See Zadock Thompson's Ver. 
mont, Part III., p. 164. 

§ In the township of Ludlow. 

I In the township of Plymouth, where Black river rises. 

^ Otter creek. ** Probably in the town of Rutland. 



1'7'25-1731.] INDIAN COMMISSIONERS. 23 

" Thursday. We sail 40 miles in Arthur Creek. "We meet 
with great Falls,* and a little below them, we meet with two 
other great Falls,t and about 10 miles below j^ said Falls we 
meet two other pretty large Falls,:}: We carryd our Canoes 
by these Falls and come to y® Lake."§ 

The garrison at Fort Dummer, which had been reduced in 
1Y27, was, in January, 1731, reinforced by the addition of ten 
soldiers, and from that time until the year 1750, it seldom 
numbered less than twenty men, and in times of danger often 
amounted to fifty. The Kev. Ebenezer Hinsdell|| was in 1730 
appointed to the chaplaincy of the fort, which post he probably 
held twelve or fourteen years, being much beloved both by the 
Indians and the English.^ 

In order to render trade with the Indians more advantageous, 
and to strengthen the bonds of peace and friendship, Capt. 
KeUogg received into the fort on the 8th of October, 1734, three 
commissioners from the " Scaticook" tribe, whose names and 
titles were, Masseguun, first captain ; ISTannatoohau, second cap- 
tain ; Massamah, lieutenant ; and on the 1st of September, 1735, 
three other commission ofiicers of the Caughnawaga tribe, 



* Middlebnry Falls. f At Weybridge. 

J At Vergennes. 

§ Bound MSS. in office Sec. State, Mass., A. xxxriii. 126, 127. 

J He was for several years a missionary to the Connecticut river Indians. In 
a letter which he "wrote from Fort Dummer, dated January 26th, l73f, refer- 
ring to his labors, he stated that " a good disposition" was prevalent among the 
Indians, that on Sunday a number of them usually assembled to listen to him, 
that a child had been presented to him for baptism, to which he had refused to 
administer the rite because its parents were not Christians, that he had endea- 
vored to instruct the parents in Chi-istianity, but had as yet met with no success. 
In 1*743, Mr. Hinsdell erected a fort Avitliin the limits of the present town of 
Hinsdale, New Hampshire, and in the same year he and Josiah Willard, the com- 
mander of Fort Dimimer, were appointed under-commissioners for the northern 
portions of Massachusetts, and the adjacent frontiers. This post they held until 
October 26th, 1746. Hinsdell's efforts in behalf of the growth and prosperity 
of the province were not unobserved, and on November 10th, 1748, Governor 
Shirley desired the General Court " to provide a few men for the defence of 
Mr. Hinsdell's fort below Fort Dimimer for the winter season," a request which 
was undoubtedly complied with. In the year 1759, he resided near Sugar 
Loaf Mountain, in the town which is now known as South Deerfield, Massachu- 
setts. 

^ It is difficult to ascertain the exact date of transactions which occurred at 
this period, owing to the burning of the Town House in Boston, on December 
9th, 1747, at which time were destroyed " The Books of Records of the General 
Assembly of Massachusetts, from July 5th, 1737, to September 30tb, 1746, and 
of his Majesty's Council." 



24 mSTOKT OF EASTERN YEEMONT. [1735-1738. 

named Ontaiissoogoe, colonel ; Tliyliansilhan, lieutenant-colonel ; 
Conneigliau, major. Yearly pensions were gi-anted to tliem, 
and thej remained in the pay of the truck-house until 1744, 
when it was again turned into a fort. 

Massachusetts having deemed it necessary to renew a certain 
treaty which had been made with the Indians some years 
before, appointed John Stoddard, Eleazer Porter, Thomas Wal- 
lis, Joseph Kellogg, and Israel Williams, commissioners, who by 
agreement met Ontaussoogoe and other delegates of the Caugh- 
nawaga tribe, at Fort Dummei, on the 5th and 6th of October, 
1737. Friendly speeches were made by both parties, the health 
of King George was drank, and the death of the Governor's lady 
deplored. Blankets and wampum were exchanged, and the 
representatives of the Indians and the English separated with 
expressions of mutual good-will and friendship.* In the same 
year the truck-house was burned, but whether entirely or par- 
tially, there is nothing on record to show.f 

During this season of comparative quiet, Massachusetts and 
!New Hampshire gi'anted several new townships on their fron- 
tiers, the former extending her grants to the northward and 
westward, and along Connecticut river, above ISTorthfield, em- 
bracing on the east banks of that stream the present towns of 
Hinsdale, Chestei'field, Westmoreland, Walpole, and Gharles- 
town. These five towns were at first included in four, and for 
several years were known by their numbers. Beginning at 
Hinsdale, Charlestown was Number Four. As to the settlements 
west of the Green Mountains, the first of them was made by the 
French in 1731, at Chimney Point, in the south-west corner of 
what is now the township of Addison. But this, as well as the 
settlement at Fort Frederick, now Crown Point, on the west side 
of the Lake, was subsequently broken up, and the settlers, with 
the ganison of the fort, were, in the year 1759, removed to 
Canada. 

* See Appendix B, containing an account of the proceedings at the renewal of 
the treaty. 

f Tlie only hint of this circumstance is contained in a petition to Governor 
Jonathan Belcher, from John Sargent, dated Nov. 29th, 1*738, in which he says he 
■was " formerly taken prisoner to Canada, afterwards was under Captain Kellogg 
at the truck-house, north of Northfield, and was a great sufferer in 1737 when it 
was burned." 



CHAPTEE n. 

CONFLICTS WITH THE ESTDI^y^S. 

Boundary Disputes— Sartwell's Fort — Bridgman's Fort — Defences at Fort Dum- 
mer — Traffic with the Indians — Maintenance of Fort Dummer — Disputes 
between the Assembly of New Hampshire and the General Court of Massa- 
chusetts Bay — Declaration of War between England and France — Establishment 
of Forts — Indian Depredations — William Phips — Presents to the Indians — 
Attack on the Fort at the Great Meadow — Capture of Nehemiah How — For fear 
of the Enemy the Settlers leave their Abodes — Siege of Number Four, after- 
wards Charlestown — Burning of Bridgman's Fort — Second Attack on Number 
Four — Fight between Capt. Melvin and the Indians — Capt. Stevens's Expedi- 
tion — An Ambuscade — Account of the Captives who were taken to Canada — 
Running the Gauntlet — Capt. Humphrey Hobbs's Encounter with the Indians — 
Conflict near Fort Dummer — Brave Conduct of the Soldiers — Route pursued 
by the Indians — Fight at Fitch's Block-house — Propositions for Protection. 

The dispute between Massachusetts and Il^ew Hampshire as to 
the northern boundary of the former province, which had con- 
tinued since the year 1Y30, was determined on the 9th of April, 
1740. The decision gave to New Hamj^shire a tract of country 
fourteen miles in breadth, and above fifty in length — a greater 
quantity than she had ever claimed — and took from Massa- 
chusetts twenty-eight new townships between the Merrimack 
and Connecticut rivers, besides a large amount of vacant lands. 
But the settlement of one dispute only gave rise to another. 
A part of the south boundary of New Hampshire, beginning at 
a point three miles due north of Patucket falls, was declared in 
the decision referred to, to be " a straight line, drawn from thence 
due west, till it meets with his Majesty's other governments;" 
but the uncertainty which then prevailed as to the legal extent 
of " his Maj esty 's other governments," was the cause not only 
of a controversy in this instance, but of another which at a later 
period engaged the attention of New Hampshire, New York, 
and the " New Hampshire Grants" for many years. 



26 



HISTORY OF EASTERN VERMONT. 



[ITiO. 






The command of Fort Dummer having been given to Capt. 
iTosiah Willard in ITiO, its former commander, Joseph Kellogg, 
was appointed Indian interpreter for the garrison, which office 
he held until the year 17-i9. Great pains were taken to obtain 
from the Indians then in the service of the fort, as much 
assistance as was compatible with their indolent dispositions ; 
and in order to remove one of the causes which had too long 
tended to lower their condition, they were deprived of the sup- 
plies of liquor which had for a long time composed a part of 
their rations. As the frontier settlements extended, it became 
necessary for the inhabitants to increase and strengthen their 
defences. The forts or, more properly, block-houses of this 
period were generally built with large squared timbers laid 
horizontally one above the other, in the shape of an oblong or 
square, and locked together at the angles in the manner of a log 
cabin. This structure was roofed, and furnished with loopholes 
on every side, through which to observe and attack the enemy. 
The upper story usually projected over the lower, and under- 
neath this projection other loopholes were cut, to enable those 
within to fire down on the assailants, in case of a close approach. 
In this manner did Josiah SartweU. build the fort which was 

afterwards called by his 
name. It stood about 
one hmidi'ed rods from 
Comiecticut river, in the 
north part of what was 
for a long time Hinsdale, 
now Vernon, Vermont, 
and four miles south of 
Brattleborough. To the 
east of it ran the pub- 
lic road. It was taken 
down in 1838, after hav- 
ing stood ninety-eight 
years, and on its site 
there has since been erected a house which is owned and 
occupied by the Hon, Ebenezer How Jr., a great-great-grand- 
son of Josiah Sartwell, and a great-grandson of Caleb How, who 
was killed by the Indians. Bridgman's Fort, of similar con- 
straction, was probably built the same year by Orlando Bridg- 
man. It was situated one half of a mile south of Sartwell's 
Fort, on the east side of the road, and with the exception of 




Sartwell's Fort 



1710.] DEFENCES AT FOET DUSIMEK. 27 

Fort Dummer, was the only place picketed and secure in that 
vicinity. About the same time a settlement was made on the 
" Great Meadow," in what is now the town of Putney, and a 
garrison called Fort Hill was built in the centre of the " Mea- 
dow ;" but by whom it was erected or occupied is not known. 
On the other side of Connecticut river, Number Four, after- 
wards Charlestown, which, with a number of other townships, 
had been granted by Massachusetts in 1736, although but lately 
settled, had already begun to be a post of some importance. 
Another station of note was Hinsdell or Hinsdale's Fort. It 
was situated in the town of Hinsdale, N. H., nearly opposite to 
Sai-twell's Fort, and was built by the Eev. Ebenezer Hinsdell, 
in 1743. 

Fort Dummer being in a defenceless condition, Capt. Josiah 
Willard, " for himself and those under his command," informed 
the Governor of Massachuijetts on the 24th day of June, 1740, 
that they were " willing to be at the cost of putting y^ garrison 
into a posture of defence, and erect two sufficient bastions at 
opposite angles, providmg the government will be at the charge 
of hiring a carpenter and provide nails, iron work and boards." 
The proposition was acceded to, and the fort was made more 
defensible than it had ever been before. Within were four 
province houses, as they were called, two stories in height, 
comfortable, ancj for these da}^ even convenient ; besides 
which there were two or three smaller houses, containing a 
room each, which could be occupied when the garrison num- 
bered more than its complement of men. Without, the fort was 
picketed. Posts twenty feet in height placed perpendicularly 
in the ground side by side, and sharpened at the upper end, 
surrounded it on every side. Openings were left in the pickets 
through which to fire on the enemy, and at opposite angles of 
the fort, twenty-five feet from the ground and five above the 
tops of the pickets, square boxes were placed in which the 
sentinels kept guard. To the patteraroes with which the gar- 
rison was origmally furnished, several swivels were now added, 
which enabled the inmates of the fort to receive the enemy 
with an enfilading fire, thus rendering the place comparatively 
secure. The " Great Gun " of which mention is so often made 
in papers relating to Fort Dummer, whose report could be heard 
for many miles, was never fired except as a signal for assistance, 
or on the reception of some fortunate or pleasing news.* 

* Bound ilS. in of5ce Sec. of State Mass. Ixdi. 496. 



28 HISTORY OF EASTERN TERMONT. [iT-iJ-. 

The declaration of war bj Great Britain against France and 
Spain on the 29tli of March, 1744, was followed bj its procla- 
mation at Boston in the month of June following. An Indian 
war was a necessary appendage in the American colonies to a 
war with France, and during this contest, called by some the 
first French war, and by others the Cape Breton war, the almost 
daily cruelties practised by the Indians were witness to their 
long-fostered determination of vengeance for the misfortunes 
which they had sufi*ered on account of the whites. The 
Lidian commissioners who had resided at Fort Dummer since 
the year 1734, and had become used to English ways and 
customs, would, it was supposed, remain during the war where 
they had so long lived, and endeavor by their influence to 
afford some protection to their friends from the ravages of 
the enemy. But the lust of gain, and the desire of plunder, 
broke down the nicer barriers which had sprung from friendly 
communication and social intercourse ; and not only was Fort 
Dummer deserted by the Indians, but also all the stations in the 
vicinity where they had dwelt, their numbers going to augment 
the forces of the hostile ti-ibes in Canada. At the same time 
the truck establishment at Fort Dummer was also discontinued. 

The traffic which during the sixteen years previous had been 
there carried on with the Indians by the government of Massa- 
chusetts, had jjroved of no pecuniary j^rofit to the latter. De- 
ducting the charge of transportation, and a remuneration for the 
waste incidental thereto, the Indians were supplied with goods 
at nearly first cost, while for their furs, deer skins, moose skins, 
and tallow, they were aUowed the Boston market-prices. The 
province had also a transport sloop in pay for the use of this 
fort, and of Forts Richmond and Georges on the eastern 
frontiers, which forts were also used as trading houses in time 
of peace. Had it not been deemed necessary to supjDly the 
Indians with goods in order to protect them from the abuses of 
private traders, and to turn their attention as much as possible 
from unfriendly and warlike designs, the government would not 
have continued a trade so disadvantageous and one-sided, so 
long as they did. 

Since its erection by Massachusetts, Fort Dummer had been 
maintained and garrisoned at the expense of that province ; but 
by the late determination of the boundary lines between Massa- 
chusetts and New Hampshire, the foi't was supposed by many 
to have faUen within the limits of the latter province. Massa- 



1744.] MAINTENANCE OF FOKT DUMMEK. 29 

chusetts, liowever, continued to support and maintain it until 
war was declai'ed in IT-Ai, when Governor Shirley opened a 
communication with the home government on the subj ect. In 
his letters to the Lord President of the King's Council and to 
the Duke of Newcastle, one of his Majesty's principal Secre- 
taries of State, he clearly showed that the great expense which 
the province was likely to incm" in providing for its own defence 
in many other places, would no longer justify it in continuing 
the establishment of Fort Dummer. At the same time he 
declared it to be of the last importance at that time, that this 
post should be strongly fortified, not only for the defence of the 
settlers in the immediate neighborhood, but also on account of 
the position of the fort, it being situated within thi-ee or four 
days' march of the French fort at Crown Point, which latter 
place was a constant retreat and resort for the French and 
Indians in all their expeditions against the English settlements. 
He further stated that the Massachusetts government did not 
think it their duty to provide for a fort no longer their own, 
and proposed that the province of New Hampshire, to which 
it properly belonged, should make provision for its support. 

On the receipt of this representation, the King in Council, 
on the 6th of September, ordered that the fort and its garrison 
should be maintained, and that the Governor of New Hamp- 
shire should move the Assembly of that province in his Ma- 
jesty's name, to make a proper provision for that service, and 
at the same time inform them, that in case they should refuse to 
comply with a proposal so necessary and reasonable, his Majesty 
would restore the fort, and a " proper district contiguous there- 
to," to the Massachusetts Bay. In view of the importance of 
the station, and of the sad results which might follow, should it 
fall into the hands of the enemy. Governor Shirley was ordered 
in the same report to represent to the Provincial Assembly of 
the Massachusetts Bay, the necessity of continuing to provide 
for Fort Dummer until a final answer should be obtained from 
New Hampshire, and his Majesty's pleasm-e in relation to the 
subject, further signified. 

This order, together with a message from Governor Shirley, 
was presented to the House of Representatives of Massachu- 
setts, and that body, with the concurrence of the Council, in 
consideration of the great danger there was that the inhabitants 
from Contoocook,* in New Hampshire, to Connecticut river, 

* BoscaVen 



30 HISTORY OF EASTEEN VERMONT. [1745. 

would be driven from their settlements should the fort be taken, 
unanimously voted that " the captam-general be desired to cause 
the same number of officers and men as were in the last esta- 
blishment at said fort, to be enlisted and there posted ; and 
that the same allowance as before be made for their wages and 
subsistence, for a term not exceeding three months, provided 
that this vote or grant shall not be deemed or urged as a pre- 
cedent for this government's taking into their pay at any time 
hereafter this fort, or any other fort which may serve as a pro- 
tection to any inhabitants or estates, the jurisdiction whereof is 
claimed by any other government." It was also voted that the 
term of three months should commence with the 20th of Janu- 
ary, 1745. For the better security of this garrison, the strong- 
est, and, with the exception of the stockade then building on 
the Great Meadows, the most northern, two swivel guns and 
two four-j)ounders were added to its munitions. 

In accordance with his instructions, Governor Shirley inform- 
ed Governor Wentworth, of New Hampshire, on the 25th of 
February, of the nature of the order he had received from his 
Majesty, and of the action of the Massachusetts Assembly 
thereon. He further requested his Excellency to make provi- 
sion for the future sustenance of the garrison, or at least to come 
to a speedy resolution on the subject, in order that an answer 
might be returned without delay to the King. The subject was 
brought before the New Hampshire Assembly on the 3d of 
May, but a majority of the lower house declined making any 
grant for this purpose, and adduced, in support of this deter- 
mination, the following reasons : — "Tliat the fort was fifty miles 
distant from any towns which had been settled by the govern- 
ment or people of New Hampshire ; that the people had no 
right to the lands which, by the dividing line, had fallen within 
New Hampshire, notwithstanding the plausible arguments 
which had been used to induce them to bear the expense of the 
line, viz. that the land would be given to them, or else would 
be sold to pay that expense ; that the charge of maintaining 
that fort, at so great a distance, and to which there was no com- 
munication by roads, would exceed what had been the whole 
expense of government before the line was established ; that the 
great load of debt contracted on that account, and the yearly sup- 
port of government, with the unavoidable expenses of the war, 
were as much as the people could bear ; that if they should take 
upon them to maintain this fort, there was another much better 



1745.] DISPUTES WITH MASSACHTJ8ETTS. 31 

and more convenient fort at a place called ISTumber Four, be- 
sides several other settlements, which they should, also, be 
obhged to defend ; and, finally, that there was no danger that 
these forts would want support, since it was the interest of Mas- 
sachusetts, by whom they were erected, to maintain them as a 
cover to their frontier."* 

Upon this declaration, the Governor dissolved the Assembly 
and called another, to whom, in the most pressing and eloquent 
terms, he recommended the same measure. In accordance with 
his wishes, that body resolved, on the 16th of June, that his Ex- 
cellency the Captain General be desired to enlist or impress 
twenty good, eftective men, to be by him employed in his Ma- 
jesty's service for six months, as a garrison for Fort Dum- 
mer.f This resolution was notified to Governor Shirley by 
Governor Wentworth, and was accompanied with a request 
that the fort might be delivered to New Hampshire, and the 
Massachusetts forces be drawn within the bounds of that pro- 
vince. Li answer. Governor Shirley desired Governor Went- 
worth to take possession, and sent orders to Capt. Willard to 
deliver the fort to his charge on demand. Previous to this, 
however, the Assembly of New Hampshire, as has been seen, 
had refused to support the fort, and Massachusetts had there- 
upon agreed to maintain it. By consequence, when Governor 
Shirley acquainted his Majesty's Council of Massachusetts with 
his action on the last resolve of the Assembly of New Hamp- 
shire, they were of opinion that he could not, according to the 
terms of his Majesty's order, be justified in delivering up the 
fort until his Majesty's pleasure should be known. A suspicion 
prevailed that the Assembly of New Hampshire intended to 
provide for the fort, only until they could obtain full possession 
of it, and that they would then slight it. It was also well known 
that the allowance proposed by New Hampshire for the support 
of the soldiers, was not half as large as that given by Massachu- 
setts, which many deemed too small. Under these considera- 
tions. Governor Shirley judged it best to countermand his 
orders, and the fort was again supported by Massachusetts. 

* Belknap's Hist. K H., ii. 236, 237. 

f The wages allowed are thus stated : " One Captain to have 25 shillings per 
month; one Lieutenant to have 13s. 6d. per month; one Sergeant to have 13s. 6d. 
per month ; one Corporal to have 1 2s. per month ; and sixteen Centinels to have, 
each, lOs. per month ; and each of the said twenty men be allowed 8s. per month 
for providing themselves with provisions." 



32 mSTOEY OF EASTEKX YEEMONT. [ITM. 

In tliis condition the subject remained until 1Y47, when 
Governor Sliirley again wrote to Governor Wentworth, to know 
whether he would take upon himself the charge of supporting 
the fort. After a long delay, his Excellency, on the 2Sth of 
October, 1748, signified his unwillingness to bear the expense, 
and the subject was then brought before the Board of Trade in 
consequence of a letter from Governor Shirley to that body. 
This communication contained an account of the condition of 
Fort Dummer, and an ofifer to forward to the Board of Trade a 
schedule of the charges incun'ed for supporting the fort since the 
commencement of the war. The committee to whom the mat- 
ter was referred, reported on the 3d of August, 1749, that it 
was proper for j^ew Hampshii-e to reimburse Massachusetts for 
maintaining the fort, and advised that the Governor of New 
Hampshii'e should be directed to recommend to the Assembly 
of his province, a permanent provision for the fort, and that it 
should be allowed to remain where it was, since, were it re- 
moved within the lines, it would be in the midst of garrison 
houses, and would thus defeat the object of its erection, which 
was to keep the enemy at a distance. 

Although this report was favorable to Massachusetts, yet 
when ParHament granted to New Hampshire a reimbm'sement 
for the Canada expedition, the petition of the government of 
Massachusetts praying that a deduction might be made in their 
favor from this fund, was denied. This denial was owing to the 
vigilance and address of Capt. John Thomlinsou, formerly a sea 
captain, but at that time the agent at London for New Hampshire. 

As soon as the declaration of war between England and 
France was proclaimed at Boston in June, 1744, orders were 
issued by Governor Shirley for the building of a Kne of forts, 
more effectually to protect the western frontiers of Massachu- 
setts from the ravages of the Indians. Of the routes which had 
been pursued by the enemy in the former wai'S in approaching 
the frontiers from Canada, the most northern was by the river 
St. Francis, thi-ough Lake Memphramagog, thence by portage 
to the Passumsic, down that river to the Connecticut, and 
thence to the settlements bordering the banks of the latter 
stream. Sometimes the enemy, having sailed down Lake Cham- 
plain as far as "Whitehall, would proceed up Pawlet river to its 
sources, thence across the mountains to West river and down 
that stream to the Connecticut. At other times they would 
approach that river by following up Otter creek to its som'ces. 



17-i4.] ESTABLISHMENT OF FORTS. 33 

Nor were the rivers Lamoille, "Winooski, and "White, unknown to 
them in their journeys to Connecticut river. But the most com- 
mon road from Canada, and that most frequently traversed, was, 
by the way of Otter creek and Black river. Tliis has been pre- 
viously described under the name of the Indian road, and was 
so called at the time of the earliest English settlements.* 

Fort Dummer was a serious obstruction to the Indian enemy, 
who having approached by the way of West river, were de- 
scending into Massachusetts. After the building of N^umber 
Four, that station occupied the same position for those who had 
reached Connecticut river by the way of the more northern 
streams. The forts which were ordered to be built by govern- 
ment, extended from Fort Dummer to Hoosac, now Adams, and 
"Williamstown. They were situated in the following towns. 
Fort Massachusetts or Hoosac was in Adams, Fort Pelliam in 
Howe, Fort Shirley in Heath, Coghran's and Rice's forts in 
Colrain, and Sheldon's fort in Bernardston. In the latter place, 
as well as at Colrain, several houses were stockaded, and at 
Northfield and Greenfield the old defences were repaired. Be- 
sides those already mentioned on Connecticut river, there were 
forts on the New Hampshire side at Upper and Lower Ashuelot. 
The western cordon of forts was placed under the immediate 
command of Capt., afterwards Col. Ephraim Williams, who 
established his head-quarters at Fort Massachusetts. Col. John 
Stoddard, of Northampton, commander of the militia regiment 
in the county of Hampshire, Massachusetts, was charged with 
the general superintendence of the defence of the same quarter. 
Major Israel Williams of Hatfield, was appointed commissary of 
the department, and Col. Josiah Willard, commander of Fort 
Dummer, and the Kev. Ebenezer Hinsdell, the owner of 
Hinsdell's garrison, were his under commissaries. Two hundred 
men were raised for the defence of this portion of the pro- 
vince, and ninety-six barrels of gunpowder were sent to the 
towns lying within an allotted space, to be sold to the inhabit- 
ants at the first cost. 

The rations allowed to the garrison forces on the frontiers 
were, for each man, one pound of bread and a half pint of peas 
or beans per diem ; two pounds of pork for three days, and one 
gallon of molasses for forty-two days. Marching forces were 
allowed a pound of bread for each man ; the same of pork, and 

* See ante, p. 21. 

3 



34 HISTORY OF EASTERN VERMONT. [1745. 

a gill of rum per diem. Parties were kept continually ranging 
from fort to fort on the line between Forts Dnmmer and Massa- 
chusetts, and thence to Pittsfield, for the purpose of ferreting 
out the Indians, and companies of large dogs were trained to 
scent their trails. Scouts from the militia were also employed 
to scour the wilderness towards the head of Wood and Otter 
creeks. To induce the soldiers to engage in this kind of war- 
fare, a bounty of thirty pounds each was offered on Indian 
scalps. The officer who commanded a " scalping expedition," 
was required to keep a fair and correct journal of his marches 
and operations, and return it to the goverimient of the pro- 
vince.* 

During the year 1744, no depredations were committed on the 
western frontiers, and this exemption from disturbance afforded 
ample opportunity for constructing forts and preparing for future 
emergencies, which opportunity, as has been shown, was in 
no wise neglected. The first incursion in the next year was 
made on the 5th of July, by a party of the Oorondax Indians 
from Canada. William Pliips, as he was hoeing corn, near the 
south-west corner of the Great Meadow, was captured by two 
of these Indians, and carried into the woods. They had proceeded 
with him about half a mile, and were ascending a steep hill, 
when one of them remembering that he had left something, went 
back to get it, leaving the prisoner in the charge of his comrade- 
Watching his opportunity, Phips struck down his Indian keeper 
with a hoe which he had brought with him, and seizing the gun 
of the prostrate savage, shot the other as he was ascending the 
hill. Unfortunately, meeting with three others of the same 
party, as he was retm-ning to the fort, he was seized, killed, and 
scalped. The Lidian whom he had stunned, afterwards died of 
his wound. On the 10th of the same month, the Indians 
appeared at Upper Ashuelot, now Keene, and killed and scalped 
Josiah Fisher. News of these events having reached Massachu- 
setts, Governor Sliirley, on the 17th, ordered " two companies of 
snow-shoe men to scout between Connecticut and Merrimack 
rivers for the protection of the inhabitants, and discovery and 
annoyance of the enemy." 

The Assembly of New York, previous to these occurrences, 
had voted an allowance of four hundred pounds for presents to 
the Indians. Various letters having been presented to them 

* Hoyf 3 Indian Wars, pp. 230-232. 



1745.] ATTACK AT TIIE GREAT MEADOW. 35 

containing accounts of the circumstances above narrated, and 
of others similar, Col. Schuyler, one of the members, stated 
that the fears and jealousies of the Six Nations of Indians had 
been aroused and were sustained by the designs of the French, 
but that the destruction of the border settlements might be 
prevented by the use of a single argument, the strongest which 
CQuld be presented to the Indians, " a suitable present." The 
Assembly accordingly voted, on the 21st of August, that six 
hundred pounds should be added to what had already been 
given them. Of the wisdom of this course, those who proposed 
and supported it were the best judges ; but the effect on the 
Indians seems to have been far different from what was ex- 
pected. If their fears and jealousies had been excited by the 
French, their love of plunder and their hope of gain appeared 
to receive new life by the favors of the English ; and thus vir- 
tually receiving rewards of both nations, they renewed their 
depredations, which only differed from their previous acts by 
the greater display of skill and cunning which characterized 
them. Another reason of the little effect of the presents of 
New Yofk may be found in the fact that on the 23d of August, 
only two days after the passage of the above vote, Lieutenant- 
Governor Spencer Phips, of Massachusetts, in consideration of 
the breach of the treaty of neutrality between that province 
and the Six Nations, formally declared war against the Eastern 
and Canada Indians. 

To conclude the events of the year by a bold stroke, a body 
of French and Indians, the latter being twelve in number, 
attacked the garrison at the Great Meadow, on the 12th of Oc- 
tober at noon-day. A brisk fight was carried on for an hour 
and a half, and one Indian was killed by a shot from the ram- 
parts, but the fort was defended with so much coolness and 
courage, that the enemy were not able to take it, or even essen- 
tially injure it. In lieu of victory they killed or drove off the 
greater part of the cattle in the neighborhood, a method of 
taking revenge by no means uncommon. Nehemiah How 
who was cutting wood about eighty rods from the fort when 
the enemy appeared, was taken by them, and no attempt was 
made to rescue him, as it would have endangered the lives of 
all in the garrison. As they were leading him away, by the 
side of the river, they perceived a canoe aj^proaching with two 
men. Firing, they killed one of them, David Eugg, but the 
other, Kobert Baker, made for the opposite shore and escaped. 



36 niSTOKY OF EASTEKN TEEMONT. [1746. 

Both of these men, together with How, belonged to the garrison 
at the Great Meadow. Proceeding further they passed three 
other men, who, by skulking under the bank, reached the fort 
in safety. One of them was Caleb How, the prisoner's son. 
Arriving opposite to JSTumber Four the Indians compelled their 
captive to write his name on a piece of bark, and there left it. 
After travelling seven days westward, they came to a lake, 
where they found five canoes, with corn, pork, and tobacco. 
Tliey embarked in the canoes, and having stuck the scalp of 
David Rugg on a pole, proceeded to the fort at Crown Point, 
wdiere How received humane treatment from the French. 
Thence he was taken to Quebec, where he died. " He was," 
said Belknap, " a useful man, greatly lamented by his friends 
and fellow-captives." Not long after these occurrences the 
fort at the Great Meadow being evacuated, was destroyed or 
went to decay.* 

On the 28th of March, 1T46, the enemy made their appear- 
ance in the neighborhood of Fort Shirley, and until late in the 
autumn were scattered in small parties on all the frontiers. 
Several attempts were made by them to take the fort at Num- 
ber Four and some of the other garrisons in the vicinity by 
surjjrise, but in none were they successful. On the 2-4th of 
June, a party of twenty Indians killed William Robbins and 
James Baker,f while working in a meadow near Bridgman's 
Fort, wounded Michael Gilson and Patrick Pay, and took John 
Beemanij; and Daniel How prisoners, but not until the latter 
had killed one of his captors. So unsafe was travelling of 
every kind, that the settlers were obliged to go to the mills 
with a guard, whenever they wanted meal. On one occasion 
a party of twenty men who went from the west side of Con- 
necticut river to Hinsdell's mill in New Hampshire, with Col. 
Willard at their head, in searching round the mill discovered a 
party of Indians in ambush. A skirmish ensued, but the 
enemy were received with so much resolution, that they made 
a precipitate retreat, leaving their packs in the hands of 
"VVillard and his party. 

The defence of the western frontier of New Hampshire being 
not only hazardous but ineffectual, the govermnent of that 
province, instead of increasing the number of their forces, 

* Belknap's Hist. N. H., ii. 241. 

f Parker, in Ilbyt's Indian Wars, p. 236. 

\ Beamont, in Hoyt's Indian Wars, p. 236. 



lT-i6-17-iT.] MEASURES FOR DEFENCE. 37 

refused to furnisli their regular quota. At the same time some 
persons in the north-western part of Massachusetts, deeming it 
inexpedient to be at the charge of defending a territory which 
was without their jurisdiction, petitioned the Assembly to with- 
draw their troops from that quarter. Governor Shirley endea- 
vored to prevail on the Assembly to keep garrisons in all these 
forts during the winter, but his eiforts were without success. 
The inhabitants, being without ^^rotection, were obliged to quit 
their abodes. Many of them deposited in the earth such of their 
effects as they were unable to carry, took with them such as 
were portable, and moved down the river, leaving their build- 
ings a prey to the enemy, who destroyed them, or carried away 
from them what they pleased. Some of the block-houses on 
the river, which were thus left exposed, were burned, and for 
several months Fort Dummer was the most northern post on 
that frontier provided with a garrison.* 

More effectual measures for the defence of the country were 
taken at the beginning of the year 1747, than had been adopted 
for some time previous. On the 17th of March, Governor 
Shirley presented to the General Court a message relative to the 
state of Fort Dummer, and the importance of its position, and 
advised that it should be garrisoned with a larger force than 
was ordinarily stationed there. Tliat body having voted in 
accordance with this recommendation, Brigadier-Gen. Joseph 
Dwiglit, by order of the governor, requested Lieut. Dudley 
Bradstreet to take the command of forty men, and with them 
garrison Fort Dummer, in place of the guard then stationed 
there. The request was obeyed, and the fort with its stores 
was, on the loth of April, delivered by Col. Josiali Willard 
into the hands of his successor. Bradstreet retained the charge 
of the fort for five months, at the end of which time it was 
again placed in the care of its former commander.f 

* III a letter from Col. Josiah Wiilard, of Fort Dummer, written probably in 
the year 1746, is a recommendation that a General Commander of the forces 
st.ationed north of Massachusetts be appointed. "lam willing," said he, "to 
take the office under the Hon. Col. Stoddard, and run the risque of obtaining pay 
from the government for my trouble." It does not appear that his advice was 
taken. — MSS. in office Sec. State Mass. liii. 193. 

\ Whether Bradstreet was incompetent to command the fort does not appear- 
Gen. Dwight, when informing him of his appointment, wrote, " You must take the 
most eft'ectual care to avoid any surprise from the enemy, for should that fort or 
any of your men be lost by any misconduct in you, it will be vastly dishonour- 
able." He was the son of the Rev. Dudley Bradstreet, who was " minister of the 



38 HISTORY OF EASTEEN VERMONT. [1747. 

In tlie latter part of March of the same jear, Governor Shirley- 
ordered Capt. Phmeas Stevens with thirty men, being a por- 
tion of the levies which had been raised for an expedition 
against Canada, to take possession of Xumber Four, which had 
been without protection for more than two months, fears being 
entertained that it would either be burned or taken by the 
enemy. This movement was most fortunate. Hardly was the 
foi't garrisoned, when on the -ith of April it was attacked by a 
very large party of French and Indians, under the command of 
Monsieur Debeline. The siege continued during three days, 
and in that time thousands of balls were poured upon the f )rt, 
yet not one belonging to the garrison was killed, and two only 
were wounded. Debeline giving up all hopes of carrying the 
fortitication, reluctantly withdrew. His forces, however, con- 
tinued to hover about the frontiers in small parties, annoying 
all whom they chanced to fall in with. In admiration of the 
skill displayed by Stevens in this defence, Sir Charles Knowles, 
who happened at that time to be in Boston, sent him an elegant 
sword, and Number Four, when incorporated as a town in 1753, 
was called in honor of the commodore, Charlestown. During 
the remainder of the war, the garrison at Xumber Four was 
supported at. the expense of Massachusetts.* 

An alarm having been given in the month of July, that the 
enemy had taken and were fortifying a position upon or near 
Black river, Col. William WilHams, in pursuance of Gov- 
ernor Shirley's order, sent out a scouting party under the 
charge of Matthew Clesson, pilot, which went as far as Otter 
creek, but discovering no very significant signs of Indians, 
returned after an absence of twenty-one days. On the 24:th of 
August following, as twelve men were passing down Connecti- 
cut river from Number Four, they were surprised and attacked 
by the Indians. Nathan Gould and Thomas Goodall were 
killed and scalped, Oliver Avery was wounded, and John 
Henderson captured. Tlie rest escaped. A few days before 

Church of Christ" in Groton, Massachusetts, from 1*706-1712, and was born in 
that town, March 12, 1 701.— Butler's Hist. Groton, pp. 170, 390, 391. 

The stores which were left in the fort by Col. Willard, comprised the following 
articles : — " 2 Carriage guns and furniture ; 5 Patteraroes, one, exchisive of y^ 
five being burst, all which belonged to the Province stores of y* Truck Trade ; 
12 Small fire anns ; ^ barrel cannon powder; 20 lbs. of other powder; 140 lbs. 
of lead ; A quantity of Flints ; One large iron pot." 

* For a more detailed account of the " Siege of K'umber Four," see Belknap's 
Hist K H., ii. 248-251, and Hoyt's Indian Wars, pp. 242-245. 



1Y47-1748.] AIEASUKES FOR DEFENCE. 39 

this occurrence, Jonathan Sartwell was captured at Hinsdale. 
Several others in the vicinity were killed by the Indians, who, 
lurking in small parties, when least expected would fall upon 
their victims, and usually with mournful success. In the fall 
of the year, they burned Bridgman's fort, kiUed several persons, 
and took others prisoners. In consequence of this last act, 
Col. John Stoddard, on the 22d of October, sent Capt. 
Seth Dwight with a force of thirty-six men in quest of the 
enemy ; but the search was unsuccessful, it being u^ual with the 
Indians to depart carefully, and with the greatest secresy and 
speed, when they had accomplished their object. In place of 
this fort, which was in more proper terms a fortified house, a 
similar building was soon after constructed. 

Later in the autumn several persons at Number Four were 
taken captive, but it was impossible to pursue the captors, as the 
garrison was not provided with snow-shoes, though many hun- 
dreds had been paid for by government. For the protection of 
the frontiers during the winter, a garrison of twenty men was 
continued at Fort Dummer, and another at Number Four. The 
block-houses were also better defended than they had been 
previously at this season of the year, and for these reasons those 
who remained were in greater security, and enjoyed a longer 
respite from the ravages of their foes, than they had done since 
the war was declared. 

In the month of February, IT-iS, the Massachusetts General 
Court directed the number of men at Forts Massachusetts and 
Number Four to be increased to one hundred at each place. 
Of these, a suitable force was to be constantly employed " to 
intercept the French and Indian enemy in their marches from 
Wood creek and Otter creek" to the frontiers ; and was- to be 
continued in the service until the first day of October following. 
Tlie commanding ofiicers were ordered to keep " fair journals" 
of their marches, and in order to excite the soldiers to vigilance 
and activity, the sum of one hundred pounds was ordered to be 
divided in equal j^arts among the officers and soldiers of any 
scouting party that might capture an Lidian, or produce the 
scalp of one they had killed. Capt. Stevens was again appointed 
commander of Number Four, and ^apt. Hobbs was ordered to 
the same post as second in ofiice.* 

* The number of officers allowed at this period to a company of fifty men, and 
the wages they received per month, were as follows : one captain, £4 ; one lieu- 



40 HISTOKT OF EASTERN \-EKMONT. [1748. 

A report which was presented to the General Coiu't in 
February by CoL Willard of Fort Dnmmer, showed that lie had 
again made such repairs as were necessary to the comfort of his 
quarters, and had added two more swivels to its munitions. 
During this year the post of Chaplain at the fort was held by 
the Rev. Andrew Gardner.* In order to aiford the greatest 
protection possible, larger garrisons were stationed at Forts 
Shirley and Pelham, at Upper and Lower Ashuelot and Colrain, 
and at all the- stations or out-garrisous where it was deemed neces- 
sary. Tlie complement of men for Fort Dummer was fixed at 
twenty, but by the solicitations of Col. Willard was increased 
to thirty. Tlie first attack by the Indians this year was made 
at Number Four, on the loth of March. Twenty of them sur- 
prised eight of the garrison at a short distance from the fort. 
" Stevens sallied and engaged the enemy, and a sharp skirmish 
ensued." Charles Stevens was killed, Eleazer Priest captured, 
and J^athaniel Andross wounded. A post was immediately 
sent to carry the news to Fort Dummer, and warn the garrison 
of the danger to which they were exposed, l^othing was seen 
of the enemy during the next two weeks, but on the 29th of 
March a party of them attacked several of the men belonging 
to Fort Dummer, as they were working in an adjoining field. 
Lieut. John Serjeants, Corporal Joshua Wells, and Private 
Moses Cooper were slain, and Daniel Serjeants, son of the Lieut,, 
was captured and taken to Canada. A company, under 
the command of Lieut. Ebenezer Alexander, were soon after 
dispatched to the place of action, who buried the dead they 
there found, but could discover no further traces of the enemy. 

Much advantage having resulted on former occasions from 
watching the motions of the enemy, an exj^edition for this pm*- 
pose was projected during the spring by some of the ranging 
ofiicers, and was soon after accomplished. Preparations having 
been consummated, a scout of nineteen men, under the com- 
mand of Capt. Eleazer Melvin, marched on the 13th of May 
from Fort Dummer. Proceeding up Connecticut river as far as 
!Number Four, they were there j oined by Capts. Stevens and 
Hobbs, with a force of sixty men, and the whole party, on Sun- 
tenant, £3 Os. 9c?.; one clerk, £2 12s. 9d.; three sergeants, £2 12s. 9c?.; three 
corporals, £2 12s. 3c?. 

* A very interesting account of all that is kno\ra concerning this quaint and 
eccentric clergyman, may be found in that valuable ecclesiastical monograph 
entitled The AVorcester Pulpit, by the Rev. Elam Smalley, DD., pp. 31-42. 



1748.] ATTACK ON CAPT. MELVIn's PABTT. 41 

day the 15tli, at sunset, set out from Kumber Four on their 
hazardous enterprise. They followed the " Indian road" along 
the banks of Black river, but sometimes would lose it in fording 
streams and in traversing the forests where the ground was 
covered with a thick growth of underbrush. On reaching the 
mam branch of Otter creek, Capt. Melvin and his men, accord- 
ing to previous agreement, left the ]>arty, crossed the stream, 
and set out for Crown Point. Capt. Stevens and his men pur- 
sued their way down the east side of Otter creek. 

Capt. Melvin's party having met during the two following days 
with many indubitable signs of the enemy, came on the 23d to 
a large camp inclosed by a thick fence, where they found about 
twelve poimds of good French bread, and a keg, which from 
appearances had lately contained wine. Having arrived oppo- 
site to Cl'own Point on the 25th, they perceived two canoes 
with Indians on the lake, and imprudently fired uj)on them. The 
garrison at Crown Point, taking the alarm, fired several guns, 
and sent out a party to intercept them. Melvin and his party 
immediately started on their return, marching for three or four 
miles through a deep morass. On the 26th, they saw the tracks 
of a hmidred and fifty or two hundred of the enemy, who had 
evidently left that morning, having taken the course by which 
Melvin's party had reached Lake Champlain. Upon this they 
took a south direction, marched up the south branch of Otter 
creek, and on the 30th came upon a branch of West river. Pro- 
\'isions being very short, they began their march before sunrise 
on the 31st, and travelled until about half after nine o'clock in the 
morning. On the banks of West river, several of the com- 
pany being faint and weary, desired to stop and refresh them- 
selves. Having halted, they took oif their packs and began 
shooting the salmon, then passing up the shoals of the river. 
While thus engaged, the Indians, who, unknown to Melvin, were 
then in pursuit of him and his party, directed probably by the 
report of the guns, pressed forward, and suddenly opened a fire 
upon the incautious scout from behind the logs and trees, about 
thirty feet distant. Melvin endeavored to rally his men, who 
had been thrown into the greatest confusion by this unexpected 
attack, but was unsuccessful, for after firing one voUey, they 
retreated, some running up, some down the river, others cross- 
ing to the opposite side, and two or three escaping to a neigh- 
boring thicket. Desei'ted by his men, Capt. Melvin was left 
alone to defend himself. Several of the Indians attempted to 



42 niSTOET OF EASTERN TEKMOXT. [iTttS. 

strike him with their hatchets, others tlirew them at him, and 
one of them, or a shot, carried awaj his belt, and with it liis bul- 
lets. He then ran do\\m the river, and was followed by two 
Lidians, who as they approached, called to him, " Come Cap- 
tain," " Now Captain." On pointing his musket at them, thej 
fell back a little, upon which he ascended the bank of the river, 
when they again fired at him. Gaining a side hill, commanding 
a view of the j^lace where the skirmish had taken place, he there 
sat down to watch for his men, and wait for the shout of the 
Indians, usually given when they have obtained a victory ; but 
not seeing the former, nor hearing the latter, he started for Fort 
Dummer, where he arrived on the 1st of June, about noon time- 
One of his men had come in a little before him, and eleven more 
arrived, though in several companies, in the course of a few 
hours. 

In this fight, five of Melvin's party, viz. Sergt. John Hey- 
wood, Sergt. Isaac Taylor, Privates John Dodd, Daniel Mann 
and Samuel Severance were killed outright, Joseph Petty was 
wounded, and his comrades being unable to take him with them 
in their flight, left him in a hut made with boughs, situated near 
a spring. Before departing, they placed beside him a pint cup 
fiUed with water, and told him " to live if he could" until they 
should return with assistance. On the 2d, Capt. Melvin, with 
forty-six men, left Fort Dummer for the place where the fight 
had occurred. Great search was made for Petty, but he was 
nowhere to be found. After having buried the dead above 
named, with the exception of Samuel Severance, whose body 
was not discovered until some time after, the party returned to 
Fort Dummer, having been absent about three days. On the 
6th, Lieuts. Alexander and Hunt, with a large force, went again 
to search for Petty. In one report it is stated that he was found 
dead ; in another, that his body was never discovered. From 
the secresy used in concealing the bodies of their companions, 
it was impossible to determine the loss of the enemy. The fight 
is supposed by some to have taken place within the limits of the 
present township of jN^ew Fane, but it is more probable that the 
scene of the conflict was within the bounds of either Jamaica 
or Londonderry, the latter being the most likely, as the situa- 
tion corresponds best with that given by Capt. Stevens, viz. 
" thirty-three miles from Dummer, up "West river."* 

♦ K H. Ilist Soc. ColL, v. 208-211. 



1748.] AN AJMBUSCADE. 43 

Capt. Stevens's party, who separated from Capt. Melvin's, as 
has been previously mentioned, passed down Otter creek a 
short distance, and then struck eastward in the hope of reach- 
ing White river. After travelling five days along one stream, 
which they crossed in one day thirty-five times, they reached 
its mouth and found it to be the " Quarterqueeche." Proceed- 
ing down the Connecticut on rafts and in canoes, they reached 
Isumber Four on the 30tli of May after an absence of two 
weeks. Having remained there a few days Capt. Stevens, with 
a force of sixty men, started on the 2d of June for Fort Dum- 
mer. Setting out about sunset they arrived there the next 
morning about three o'clock. A number of the inhabitants of 
Northampton, Hadley, Hatfield, Deerfield, JSTorthfield, and Fall 
Town, had already assembled to render such assistance as they 
could to Capt. Melvin, but on the appearance of Capt. Stevens 
with his men they returned to their homes. Stevens remained 
at Fort Dummer nearly two weeks, at the end of which time he 
returned in safety to Number Four with his men and a stock of 
provisions. 

On the 16th, the day after his return, a party of fourteen 
men, while on their way from Hinsdale in New Hampshire to 
Fort Dummer, fell into an ambuscade of Indians, and Jona- 
than French, Joseph Richardson, and John Frost were killed. 
Henry Stevens, Benjamin Osgood, "William Blanchard, Joel 
Johnson, Matthew Wyman, Moses Perkins, and William Bick- 
ford were made prisoners, of whom the latter died of a wound 
received in the encounter. Of the remaining four, one was 
wounded in the thigh and three escaped unhurt. On the fol- 
lowing day Capt. Ebenezer Alexander, who, with a party of 
sixteen, had been sent from Northfield to bring in the dead and 
wounded, discovered signs which led him to conclude that a 
great number of the enemy were scattered in small parties 
throughout that region of country. 

The prisoners, six in number, were taken to Canada, whence 
they all returned in the course of time. The stories of five of 
them, which have been preserved, may not be wholly uninter- 
esting. Henry Stevens Jr., of Chelmsford, at the time he was 
taken captive, was under the command of Col. Josiah Willard 
at Fort Dummer. After being plundered by the Indians of 
everything he had of value, he was carried to Quebec, where 
he arrived on the 1st of July after a journey of two weeks. 
There he lay in prison until the 27th of August, when he was 



44 HISTORY OF EASTERN VERMONT. [1748. 

put on board a French man-of-war about to sail as a flag of 
truce to Cape Breton. On the passage from Quebec to Cape 
Breton, where he arrived about the middle of September, 
he was very sick of a fever, and, continuing so on landing, he 
was placed in the hospital, where he remained until the l-itli of 
October, when he took passage for New England, and reached 
his home on the 12th of November, after an absence of five 
months, having endured in that time many and severe hard- 
ships. 

Benjamin Osgood of Billerica, and WiUiam Blan chard of 
Dunstable, both belonging to the garrison at Ashuelot, under 
the command of Capt. Josiah Willard Jr., were taken as cap- 
tives to Canada, and after remaining there several months were 
permitted to return under a flag of truce. They reached their 
homes on the loth of October, but the former died soon after, 
from causes superinduced by the trials he had undergone. Joel 
Johnson, of Woburn, who in the month of March previous had 
been impressed as a soldier, also belonged to the garrison at 
Ashuelot. When captured he was stripped of most of his ap- 
j)arel, deprived of his gun, and when he arrived in Canada 
" suflfered great abuse by the Indians there in running the 
gauntlet.* He was released in September, and reached his 
home in the beginning of the following month, feeble, ema- 
ciated, and mifit for active labor. Matthew AVyman, of the 

* An incident in tlie life of General Stark furnishes an explanation of the term 
used in the text. It will be necessary to premise that John Stark and Amos 
Eastman had, on the 28th of April, 1*752, been taken prisoners by a party of St. 
Francis Indians, while hunting along the banks of Baker's river in Rumney, New 
Hampshire. The narrative then proceeds : " On the 9th of June, the party 
returned to St. Francis, where Stark rejoined his companion Eastman. They 
were compelled to undergo what is called the ceremony of running the gauntlet ; 
a use of that term which modern effeminacy would hardly admit. It was the 
universal practice of the North American Indians to compel their captives to pass 
through the 3'oung warriors of the tribe, ranged in two lines, each furnished with 
a rod, and when highly exasperated with deadly weapons — and to strike the 
prisoners as they passed. In the latter case, tlie captive was frequentlj" killed 
before he could reach the council house, at which the two lines of Indians ter- 
minated. On the present occasion, Eastman was severely whipped as he passed 
through the lines ; Stark, more athletic and adroit, and better comprehending 
the Indian character, snatched a club from the nearest Indian, laid about him to 
the right and left, scattering the Indians before him, and escaped with scarcely a 
blow ; greatly to the delight of the old men of the tribe, who sat at some distance 
witnessing the scene, and enjoying the confusion of their young warriors." — Eve- 
rett's Life of Stark, in Sparks's Library of American Biography, i. 9, 10; Memoir 
of General Stai'k, by his Son, pp. 174, iTo. 



174:8.] FIGHT BETWEEN HOBBS AND SACKETT. 45 

same garrison, after being relieved of his gun and liat, was 
treated in the same manner as his companions in affliction. 
Being exchanged he sailed for Boston, which port he reached 
in October, in company with Capt. Britt of !N'ewbmy, and 
more than forty other prisoners of war. 

While the condition of the frontiers was very unsafe, owing 
to the virulence of Indian enmity, and at a time when wise 
counsel and discretiouate zeal were most needed, Col. John 
Stoddard, of Northampton, who had been intrusted wuth the 
general superintendence of the defence of this portion of the 
country, and who for many years, by the faithful discharge of 
his various duties in public life, had well merited the praises 
he received, died while attending the General Court at 
Boston. 

Col. Israel "Williams of Hatfield, who had acted as Commis- 
sary under him, was chosen his successor ; and Major Elijah 
Williams of Deerfield, was appointed Commissary under John 
Wheelwright, the Commissary-General.* 

Soon after Col. Williams had entered upon the duties of his 
arduous office, Capt. Humphrey Hobbs, with forty men, was 
ordered from Number Four to Fort Shirley, in Heath, one of 
the forts of the Massachusetts cordon. Tlieir route lay through 
the woods, and the march was made for two days without any 
interruptions save those occasioned by natural obstructions. On 
Sunday, the 26th of June, having travelled six miles, they 
halted at a place about twelve miles north-west of Fort 
Dummer, in the precincts of what is now the town of Marl- 
borough. A large body of Indians who had discovered Hobbs's 
ti'ail had made a rapid march, in order to cut him off. Tliey 
were commanded by a resolute chief named Sackett, said to 
have been a half-blood, a descendant of a captive taken at 
Westfield, Massachusetts. Although Hobbs was not aware of 
the pursuit of the enemy, he had circumspectly posted a guard 
on his trail, and his men having spread themselves over a low 
piece of ground, covered with alders intermixed with large 
trees, and watered by a rivulet, had prepared their dinner, and 
were regaling themselves at their packs. While in this situa- 
tion, tlie rear guards were driven in from their posts, which was 
the first intimation given of the nearness of the enemy. With- 
out knowing the strength of his adversaries, Capt. Hobbs 

* Hoyt's Indian Wars, p. 249. 



46 HISTORY OF EASTERN VERMONT. [1748. 

instantly formed his men for action, each one, by his advice, 
selecting a tree as a cover. 

Trusting in the superiority of their numbers and confident of 
success, the enemy rushed forward with shouts, but Hobbs's 
well directed fire, by which several were killed, checked their 
impetuosity and caused them to retreat for shelter behind the 
trees and brush. The action now became warm, and a severe 
conflict followed between sharpshooters. The two commanders 
had been kno^Ti to each other in time of peace, and both bore 
the character of intrepidity. Sackett, who could speak English, 
frequently called upon Hobbs in the tones of a Stentor, to sur- 
render, and threatened, in case of refusal, to destroy his men 
with the tomahawk. Hobbs, with a voice equally sonorous, 
returned the defiance as often as given, and urged his antago- 
nist to 23ut his threat into execution. Tlie action continued for 
four hours, Hobbs's party displaying throughout the most con- 
summate skill and prudence, and neither side withdi'awing an 
inch from its original situation. The Indians not unfrequently 
approached the line of their adversaries, but were as often 
driven back to their first position by the well directed fire of 
the sharp-sighted marksmen. Finding Hobbs determined on 
resistance, and that his own men had suflfered severely in the 
struggle, Sackett finally ordered a retreat, and left his opponent 
master of a well fought field. 

Hobbs's men were so well protected, that only three, Ebene- 
zer Mitchel, Eli Scott, and Samuel Gunu, were killed in the con- 
flict. Of the remainder, Daniel McKinney of 'U^rentham, 
Massachusetts, had his thigh broken by a ball from the enemy, 
and was thereby disabled for Hfe. Samuel Graves Jr. of 
Sunderland, Massachusetts, a lad seventeen years of age, 
" behaved with good resolution and courage, and well acquitted 
himself in his place, and stood his ground till he was unfortu- 
nately shot by a ball from the Indian enemy, which struck him 
near the middle of his forehead, went through part of his head 
and came out of the left side, almost over his ear, bringing 
with it almost two spoonfuls of his brains, by which unhappy 
accident his life was in very great danger and almost despaired 
of." " But through divine undeserved goodness," in the words 
of his memorial, " his life is continued, but under great difii- 
culty, by reason of fits of the falling sickness, which render 
him incapable of business." Nathan Walker, of Sudbury, 



1748.] FIGHT BETWEEN HOBBS AND SACKETT. 47 

Massachusetts, received a wound in the arm during the engage- 
ment, and Ralph Rice was also injured. 

Many of the enemy were seen to fall, particularly when they 
advanced and exposed themselves, and although their loss was 
midoubtedly great, yet so eti'ectuaUy did they conceal it, that it 
was impossible to determine its extent. After the Indians had 
disappeared, Capt. Plobbs and his men remained concealed 
until night, fearing another attack ; but there being no signs of 
the enejny, favored by the darkness they gathered their packs, 
took up the dead and wounded, and after burying the former 
under some old logs about half a mile from the scene of action, 
and conducting the latter — two of whom, Graves and Kinney, 
they were obKged to carry — to a more convenient place, about 
two miles distant, they encamped for the night. They arrived 
at Fort Dummer on the 27tli, at four o'clock in the afternoon, 
and sent the wounded to Northfield, where they could receive 
proper medical attention. Two days after, having received no 
answer to the expresses which had been sent to Iladley and 
Hatfield for assistance, Capt. Hobbs and Lieut. Sheldon, with 
forty-nine men, set out from Fort Dummer, about three o'clock 
in the afternoon, for the place where the fight had occurred. 
About simset hearing a gun fired in the rear, and at night a 
report in advance, then another in the rear, and the same 
repeated several times, they concluded they were discovered, 
and fearing an ambush, set out for the fort, where they arrived 
the next morning in safety a little after sunrise, and immedi- 
ately fired the " Great Gun," the signal for aid. 

In the fight between Hobbs and Sackett, according to the long 
established custom, whenever an Lidian fell, his nearest comrade 
stealthily approaching the body under cover of the trees and 
underbrush, would attach to it a tump line and cautiously drag 
it to the rear. Although the Indians sometimes exposed them- 
selves in this manner more than in regular combat, yet so skil- 
fully was the action performed that the dead bodies seemed to 
Hobbs's men to slide along the ground as if by enchantment.* 

The number of Sackett's force, though not known, has been 
estimated at the least as four times that of the English ; and it 
is probable that, had he known his numerical superiority, he 

* In his Dictionary of Americanisms, p. 366, Bartlett defines the Indian verb 
tump, " to draw a deer or other animal home through the woods, after he has 
been killed." According to the same authority a tumpline is " a strap placed 
across the forehead to assist a man in carrying a pack on his back." 



48 HISTOET OF EASTERN VEKMOXT. [1748. 

would have adopted a different method of warfare. This battle 
was regarded by the people in the vicinity as a mastei-piece of 
persevering bravery, and served, to a certain extent, to remove 
the unfavorable impression produced by the defeat of Melvin's 
scout. " If Ilobbs's men had been Romans," observes one 
wi'iter, " they would have been crowned with laurel, and their 
names would have been transmitted with perpetual honor to 
succeeding generations."* 

The enemy still continued their depredations on the frontiers, 
and, in the early part of July, killed at Ashuelot ten or eleven 
head of cattle, and drove off all the rest they could find in the 
neighborhood. On the 14tli of the same month, as ten men were 
travelling from ISTorthfield to Ashuelot, by the way of Fort 
Dummer, in order to supply the place of the ten who had been 
killed or captured the month before, they being in company 
with some other soldiers who belonged to Fort Dummer and 
to Capts. Stevens and Hobbs's companies, the whole party, 
seventeen in number, were fired upon by a body of French and 
Indians, who had ambushed their path, about half a mile from 
Fort Dummer, within a few rods of the spot where the former 
conflict had taken place. Although they had taken the pre- 
caution to keep out an advanced guard on each side of the path, 
while on their march, yet so suddenly were they waylaid, and 
by a force numerically so much their superior, that more than 
a hundi'ed bullets were discharged at them, before they had 
time to reload after the first fire. They immediately fled for 
shelter to the bank of the river, but were pursued and overcome 
after a short skirmish. 

The interposition of Connecticut river, the small number of 
the men at Fort Dummer, sixteen only, half of whom were by 
sickness unfit for duty, rendered it impossible for the garrison 
there to relieve their friends, or pursue the enemy. Some of 
them, however, ran down the river, and discovering on the 
other side a wounded man, and another endeavoring to escape 
to the fort, they guarded them up and over the river to their 
place of destination. Two others turned back and reached Col. 
Ilinsdell's fort in safety. The " Great Gun" at Fort Dummer 
was fired, but only three persons that night responded by their 
presence to this signal for assistance. 

* MS. papers in office Sec. State, Mass. Iloyt's Induin Wars, pp. 249-2.51. 
Dwight's Travels, ii. 81. 



1748.] SCOUTING EXPEDITIONS. 49 

The news of the conflict having reached Kumber Four on the 
15th, Capt. Stevens with thirteen men, Lieut. Hoit with thirty, 
and Lieut. Bills with more than twenty, immediately set out for 
Northfield. On the next day, Capt. Leeds and Lieuts. Stratton 
and Sheldon joined Capt. Stevens, and the whole force, amount- 
ing to one hundred and twenty-nine men, including officers, 
marched to the spot where the conflict had taken place. They 
found there the dead bodies of Asahel Graves of Hatfield, and 
Henry Chandler of Westford, entirely stripped of arms and 
clothing. Having performed the rites of burial, and being 
joined by Col. Willard, of Fort Dummer, for whom they had 
sent, they followed the enemy's track a mile further, and dis- 
covered the bodies of Joseph Rose of Korthfield, and James 
Billings of Concord. It was supposed that these men had been 
wounded in the fight, and being too much exhausted to proceed 
further with their captors, had been summarily dispatched. 
They also found the body of a soldier who had been slain in the 
former encounter. Returning to Fort Dummer, they were soon 
after joined by several of the inhabitants of Northampton, Had- 
ley, Hatfield, and Sunderland, who had received orders from 
Col. Porter and Major "Williams to " scour the woods." On the 
17th, a consultation was held at Hinsdell's Fort, where Capt. 
Leeds was then stationed. It was determined that Capt. Stevens, 
who had the command of the whole party, should examine the 
woods in the neighborhood, and discover, if possible, the inten- 
tions of the enemy. Returning in the afternoon to Fort Dum- 
mer, it being Sunday, Mr. Gardner, the chaplain, in view of the 
disastrous events which had lately occurred, and the surprises 
with which these occurrences had invariably commenced, 
preached from the Revelation of St. John, the third chapter and 
third verse, " If therefore thou slialt not watch, I will come on 
thee as a thief, and thou shalt not know what hour I will come 
upon thee." 

On Monday, the 18th, Capt. Stevens, with one hundred and 
twenty men, set out on the scouting expedition which had been 
planned the day previous. After visiting the spot where 
Hobbs's fight had occurred, burying the dead they there found, 
and following the enemy some distance, whom, however, they 
were not able to overtake, they returned on the 20th, reaching 
Fort Dummer at noon. 

"What the loss of the French and Indians was on this occasion, 
as on all former occasions, it was impossible to determine. 

4 



50 HISTORY OF EASTERN VERMONT. [1748. 

That two Indians were slain was certain, and it was probable 
that more were killed or wounded, as the soldiers faced and fouglit 
them at the first onset, and the scouts afterwards discovered the 
places where four biers or litters had been cut and prepared. 

Eobert Cooper, one of the men who escaped to Fort Dummer, 
was wounded in his left side in two places, and his arm and 
one of his ribs were severely fractured. He remained at the 
fort under the care of Andrew Gardner, who was " chyrur- 
geon" as well as chaplain, until February of the next year, by 
which time he had recovered sufficiently to warrant his remo- 
val to a more comfortable place. 

Although nine were taken prisoners, yet that they did not 
submit very readily, will be seen from the following incident : 
John Henry, of Concord, after being wounded and having re- 
ceived seven bullets in his clothing, succeeded in escaping to 
a neighboring thicket, where he might have remained in safety, 
being entirely concealed. But happening to see an Indian 
seize one of his feUow-soldiers at a Httle distance from his place 
of retreat, he ran up within a few feet of the Indian and shot 
him through the body, whereupon a number of the enemy sur- 
rounded him, whom he engaged with his gun clubbed until it 
was broken in pieces, upon which he was obliged to surrender. 
During his captivity, he was barbarously used by the Indians, 
probably on account of the spirited resistance with which he 
had opposed them. Ephraim Powers of Littleton, and John 
Edgehill of Lexington, the latter an apprentice to Jacob Pike 
of Framingham, were, both of them, stripped of their clothing, 
arms, and ammunition, and the former also received a wound in 
the head. After their return from Canada, they were for a long 
time incapable of any labor on account of the hardships and 
suiferings they had undergone. 

The other captives were Sergt. Thomas Taylor of l^orth- 
field, Jonathan Lawrence Jr. of Littleton, Reuben Walker of 
Chelmsford, Daniel Farmer of Granton, Daniel How of Cam- 
bridge, and Thomas Crisson of Rutland. Most of them were 
young men, and some of them had been impressed into' the ser- 
vice, as was the custom of the times, when a sufficiency of sol- 
diers could not' be obtained by regular enlistment. They lost 
everything of value which they had with them, and were, with 
the others before mentioned, taken to Canada, where they were 
sold to the French, who retained them until the 1st of October 
when they were released and allowed to return home. 



1748.] KOUTE OF THE INDIANS TO CANADA. 51 

The route pursued by tlie Indians in reaching Crown Point 
on their way to Canada, is thus described by Sergt. Taylor, 
one of the captives : " They crossed the Connecticut at a place 
then called Catts-bane, two or three miles above the mouth of 
West River, which they fell in with at the lower fork ; thence 
proceeded up that river, part of the way on the flats, over the 
ground where Capt. Melvin's aftau* happened^ three or foui* 
miles below the upper fork ; thence to the source of the river, 
and over the high lands to Otter Creek ; thence down this 
creek several miles, and crossing, proceeded to Lake Champlaiii 
about twelve miles south of Crown Point, whence they proceed- 
ed in canoes to that post. The enemy carried several of their 
wounded, and were joined on the route by another body with a 
prisoner, Mrs. Fitch, taken at Lunenburgh. The Indians halted 
in the middle of the forenoon, at noon, and the middle of the 
afternoon — their march, twenty miles per day."* 

The General Court of Massachusetts, in view of the services 
rendered, gave especial rewards to Sergt. Taylor, to the three 
of his companions who were the greatest sufferers, and to the 
representatives of those who were slain. 

This calamity, and the others which had preceded it, aroused 
the attention of Massachusetts to the necessity of a more effi- 
cient defence of the frontier settlements. Brig.-Gen. Joseph 
Dwight wrote to Secretaiy Willard, of Massachusetts, on the 

* Hoyt's Indian Wars, p. 251. In the year 1Y39, John Fitch purchased one 
hundred and twenty acres of land, situated about seven and a half miles above the 
meeting-house in Lunenburgh, Massachusetts, where he built a house and culti- 
vated a farm. For a defence against the enemy, he afterwards erected a block- 
house, at which scouting parties were accustomed to rendezvous. On the 5th of 
July, 1748, there being but two soldiers with him, the enemy appeared, shot one 
of them, and drove Fitch and the other into the garrison. After besieging the 
garrison about an hour and a half, the other was shot through the porthole in 
the flanker. Fitch being left alone and unable longer to resist, was taken prisoner 
with his wife and five children. The Indians, after possessing themselves of such 
things as they wished, burned the house and garrison, and set out with their cap- 
tives for Canada. It is probable that the party separated before reaching Crown 
Point, since Sergt. Taylor, in mentioning the arrival of Mrs. Fitch, makes no re- 
ference to her husband, who was probably in another company. The youngest of 
the children was not weaned, and two of the others, from want of provisions, be- 
came nurslings on the way. After a wearisome march, they reached their place 
of destination, but were not obliged to remain long in captivity, being allowed to 
return home early in the following fall. Having reached New York, they set out 
for Massachusetts by the way of Rhode Island ; but Mrs. Fitch, wearied by the 
long journey she had just accomplished, and overcome by her sufferings, died at 
Providence. 



52 HISTORY OF EASTERN VERMONT. [1Y48. 

16th of July, praying for a " thousand men to drive the woods 
and piu'sue the enemy to Grown Point ;" also, for several troops 
of horse. He also proposed, that other means than those which 
had been heretofore used, should be tried to enlist soldiers, and 
that £1000 should be paid for every Indian killed, the scalp to 
be a sufficient order for the reward. Col. Israel "Williams of 
Hatfield also wrote to Governor Shirley, on the 16th, advising 
that twenty or thirty of the Six nations of Indians should reside 
at Kumber Four and at Fort Massachusetts. Their presence, 
it was urged, would ward oif the attacks of the enemy. Gol. 
Josiah "VVillard, of Fort Dummer, in a letter written on the 
19th, said : " Ever since Number Four above us has been so 
mantled,* they (the Indians) press exceeding hard upon Fort 
Dummer and Mr. Hinsdell's garrison, both which are very 
weak-handed. My business of procuring stores obliges us to 
go out, and having but sixteen men in y* fort, we are exceed- 
ingly exposed." His son, Major Josiah "Willard, of Ashuelot, 
in a letter dated a few days previous, complained of the scarce- 
ness of provisions at Number Four. 

In answer to these various communications, Governor Shirley 
ordered Col. WiUard to detain twenty men of the garrison 
of Number Four at Fort Dummer, for a short time while the 
enemy were near ; and it appears that Capt. Thomas Buckmin- 
ster, with forty-seven men, was stationed there from the 6th to 
the 20th of August. 

The incursions of the Indians during the remainder of the 
year, were neither numerous nor extended. On the morning 
of the 23d of July, a little before sunrise, six Indians having 
attacked Aaron Belding, killed and scalped him on the main 
street in Northfield. The inhabitants were generally in bed, 
but on hearing the alarm arose as fast as possible, and hurried 
to the spot. The Indians had, however, made good their escape, 
and though they were hotly pursued, yet it was to no purpose. 

An attack on Fort Massachusetts was the last hostile act of 
the enemy for the year. Suitable provision was made for main- 
taining the principal forts during the coming winter ; and by 
the special advice of Governor Shirley, fifteen men were sta- 
tioned at Fort Dummer, and five at HinsdeU's Fort, there to 
remain for seven months from the 20th of November. 

* CoTered, guarded or protected. 



CHAPTER III. 

FKONTIER LIFE. 

Preparations for Defence — Life of the Frontier Settlers — Soldiers' Quarters — 
Diversions of Spring, Summer, Autumn, Winter — Effects of a Declaration of 
War — Grants of Townships on Connecticut River by Massachusetts — Number 
One or New Taunton — Conditions of a Grant — First Settlement of New Taunton, 
now Westminster — The place abandoned — Re-settled — Proposition to Settle 
the Coos Country — John Stark — Convention at Albany — Incursion at Charles- 
town — Birth of Captive Johnson — Inscription commemorative of the Cir- 
cumstance — Other Depredations — Defences — The Great Meadow — Its Settle- 
ment — Partisan Corps — The Life of a " Ranger" — Continuation of Incursions — 
Attack on Bridgman's Fort — Captivity of Mrs. How — Attack near Hinsdale's 
Fort — DisDute as to the Maintenance of Fort Dummer — Death of Col. Ephraim 
Williams. 

The peace of Aix-la-Chapelle, concluded on the IStli of 
October, 1748, and proclaimed at Boston in January, 1749, 
although it put an end to the war between England and 
France, did not immediately restore tranquillity to the colonies. 
Early in the next year, hostile Lidians began as usual to hover 
around the frontier settlements, and on the 20tli of June, a 
party of them in ambush shot Ensign Obadiah Sartwell, of 
Number Four, as he was harrowing corn in his house-lot, and 
took captive Enos Stevens, son of the renowned captain. About 
the same time Lieut. Moses Willard, in comj^any with his two 
sons and James Porter Jr., discovered at the north of "West 
river mountain five fires, and numerous Indian tracks ; and as 
Mr. Andros was going from Fort Dummer to Hinsdell's gar 
rison, he saw a gun fired among some cattle as they were graz 
ing but a short distance from him. These indications were 
enough to awaken suspicions of a bloody season, and the Gene- 
ral Court accordingly enlisted a force of fifty men to serve as 
scouts between Northfield and Number Four, having theii* 
head-quarters at Fort Dummer and Col. Hinsdell's garrison, 



54 HISTORY OF EASTERN VERMONT. [1749. 

and being under the command of Col. Oosiali Willard. They 
continued on this service from tlie 26th of June to the ITth of 
July, and were then dismissed, it appearing that the enemy had 
removed from that portion of the country. Although hostili- 
ties had ceased, and notwithstanding a treaty of j)eace was 
concluded with the Lidians at Falmouth in the month of Sep- 
tember following, yet the forces were not wholly withdrawn 
from the frontiers. A garrison of fifteen men, afterwards 
reduced to ten, was continued at Fort Dummer from Septem- 
ber, 1749, to June, 1750, and the same number of men was 
stationed respectively at Number Four and Fort Massachusetts 
during the same period. 

Throughout the whole of this war, the Indians were gene- 
rally successful in their attacks upon the whites, and yet there 
were no instances in which deliberate murder was committed, 
or cruel tortm-e inflicted on those who fell into their hands. 
On the contrary, their captives were always treated with kind- 
ness ; blankets and shoes were provided to protect them from 
the inclemencies of the weather, and in case of a scarcity of 
provisions the vanquished and victor shared alike. 

Civilization in this part of the country, even if it had not 
retrograded during these struggles, had made but httle advance, 
and many of the settlements which had been commenced 
before the war, were wholly abandoned during its progress. 
The people not belonging to the garrisons and who still remained 
on the frontiers, Hved in fortified houses which were distin- 
guished by the names of the owners or occupants, and afi^orded 
suflicient defence from the attacks of musketry. The settler 
never went to his labors unarmed, and were he to toil in the 
field would as soon have left his instruments of husbandry at 
home as his gun or his pistols. Often was it the case, that the 
woods which surrounded his little patch of cleared ground and 
sheltered his poor but comfortable dwelling, sheltered also his 
most deadly enemy ready to plunder and destroy.* 



* The fortified houses were in some instances surroiinded with palisades of cleft 
or hewn timber, planted perpendicularly in the ground, and without ditches. 
The villages were inclosed by larger woi'ks of a similar style. Occasionally, 
flanking works were placed at the angles of fortified houses, similar to small bas- 
tions. " A work called a mount was often erected at exposed points. These 
[mounts] were a kind of elevated block-house, affording a view of the neighbor- 
ing country, and wliere they were wanting, sentry-boxes were generally placed 
upon the roofs of houses." — Iloyt's Indian Wars, p. 185. 



1749.] LIFE OF THE FRONTIER SETTLERS. 55 

Solitary and unsocial as the life miglit seem to be which the 
soldiers led in the garrisons — distant as they were from any but 
the smallest settlements, and liable at ahnost any moment to the 
attack of the enemy — yet it had also its bright side, and to a 
close observer does not appear to have been wholly devoid of 
pleasure. The soldiers' quarters were, for the most part com- 
fortable, and their fare, though not always the richest, was good 
of its kind. Hard labor in the woods or field, or on camp duty, 
afiforded a seasoning to their simple repast, the piquancy of which 
effeminate ease never imagined. Those who kept watch by 
night, rested by day, and none, except in times of imminent 
danger, were deprived of their customary quota of sleep. 

In the spring, when the ground was to be ploughed and the 
grain sown, with a pro]3er guard stationed in different parts of 
the field, the laborers accomplished their toil. In the pleasant 
afternoons when the genial sunshine was bringing out " the 
blade, then the ear, after that the full corn," a game at ball on 
the well trodden parade, or of whist with a broad flat stone for 
a table, and a knapsack for an easy cushion, served either to 
nerve the arm for brave deeds, and quicken the eye with an 
Indian instinct, or to sharpen in the English mind that principle, 
which nowadays has its full development in Yankee cunning. 
Pleasant also was it to snare the unsuspecting salmon as he 
pursued his way up the river; exciting to sj)ear him, when 
endeavoring to leap the falls which impeded his advance. 

The grass ripened in the hot summer's day, and the crop was 
carefully gathered, that the " kindly cow" might not perish in 
the long winter, and that the soldier might occasionally renew 
his homely but healthful bed of hay. By and by, when the 
golden silk that had swayed so gently on the top of the tall 
stalk, turning sere and crinkled, told that the maize with which 
God had supplied the hunger of the Lidian for ages, was ready 
to yield nourishment to his bitterest enemy the white, then for 
a while was the sword exchanged for the sickle, and the shouts 
of harvest-home sounded a strange contrast to the whoop of 
the foeman. And then at the husking, no spacious barn which 
had received the golden load, beheld beneath its roof the merr}- 
company assembled for sport as well as labor, but when gather- 
ed in knots of three or four, or it might be a half dozen, as they 
stripped the dried husk, and filled the basket with the full ears, 
or cast the dishonored nubbins in some ignoble corner, who 
doubts that their thoughts wandered back to the dear delights 



66 HISTOKT OF EASTERN VERMONT. [1749. 

which even the puritan customs of the old Bay Province had 
allowed them to enjoy, and that their minds lingered around 
the pleasant scenes of bygone days, until fancy had fiUed the 
picture to which reality had given only the frame. This also 
was the season when the deer furnished the best venison, and 
the bear the richest tongue and steak ; and when there was no 
enemy near, to be attracted by the sound, the click of the rifle 
was sure ]3remonition of a repast, which had it not been for the 
plainness of its appointments, would have been a feast for an 
epicure. 

AVhen winter had mantled the earth, then did the old woods, 
which had stood for ages undisturbed, feel the force of the 
sturdy blow, and many a noble oak yielded up its life, that the 
axe which wounded it might be new-handled, the fort repaired 
where time and the enemy had weakened it, and the soldiers 
warmed when benumbed by cold and exposure. Tlien, too, 
would they prepare the trap for the big moose, or on snow- 
shoes attack him on his own premises ; and when the heavy 
carcass arrived piecemeal at its destination, its presence spoke 
of plenty and good cheer for a long season. 

On the Sabbath, if the garrison was provided with a chap- 
lain, what themes could not the preacher find suggestive of 
God and goodness ? The White Hills on one side, and on the 
other the Green Mountains, pointed to the heaven of which he 
would sj)eak, and emblemized the majesty of him who reigned 
there. The simple wild wood flowers taught lessons of gentle- 
ness and mercy ; and when the hand of the foe had destroyed 
the habitation, and widowed the wife, and carried the babes 
captive ; when the shriek at midnight, or in the day-time the 
ambush in the path, told of surj^rise or insecurity, with what 
pathos could he warn them of " the terror by night," of " the 
arrow that flieth by day," of " the destruction that wasteth at 
noonday," and urge upon them the necessity of preparation not 
only temporally but for eternity. 

Joyful was the hour when the invitation came to attend the 
raising of some new block-house, or of a dwelling within the walls 
of a neighboring garrison. As timber rose uj)on timber, or as 
mortise received tenon, and mainpost the brace with its bevel 
jointjtumultuously rose the shouts and merrily passed the canteen 
from mouth to nwuth with its precious freight of rum or cider. 
And when the last log was laid, or the framework stood com- 
plete, foreshadowing the future house in its skeleton outline, 



1749.] GAKRISON-LIFE. 57 

then how uproariously would the j oiliest of the party in some 
rude couplet give a name to the building, and christen it by 
breaking the bottle, or climbing to the top, fasten to the gable 
end the leafy branch, while his companions rent the au* with 
their lusty plaudits ! 

Great was the pleasiire when the watchful eye of the officer 
detected the di-owsy sentinel ' sleeping on guard. Forth was 
brought the timber-mare, and the delinquent, perched on the 
wooden animal, expiated his fault amid the jeers of his more 
fortunate comrades. When the black night had enshrouded 
all objects, with what terror did even brave men hear the hos- 
tile whoop of the Indian, or with what anxious attention did 
they listen to the knocking of some bolder warrior at the gate 
of their garrison, and how gladly did they hail the approach 
of hght, driving with its presence fears which the darkness had 
magnified in giant proportions. 

And when thus much has been said of the pleasures and of 
the better feelings appertaining to garrison-life, all has been 
said. In many instances the soldier impressed into the service 
was forced to fulfil an unwilling duty. Sometimes the wife or 
the mother accomj)anied the husband or son, and shared volun- 
tarily his humble fare and hard lot. Yet there was then but 
little attention paid to the cultivation even of the more common 
graces of society, and the heart " tuned to finer issues" found 
but little sympathy in the continuous round of the severest 
daily duties. 

"When a war was declared between England and France, the 
hostile forces of those countries, on the sea or on the land, in 
decisive battles determined for a time, at least, the condition of 
either nation. But when the war was proclaimed at Boston, a 
series of border depredations, beginning perhaps in the slaughter 
of an unsuspecting family at midnight, varied with numerous 
petty but irritating circumstances, every act closing with an 
ambush attack, and a wild foray composing the conclusion, 
such was the result in the colonies, such was the drama, a 
drama of tragedy and blood. Cruelty on the one hand begat 
cruelty on the other, until large sums were paid by the whites 
for the captive Indian, or for the bloody scalp of the murdered 
one. And yet, on the part of the English in America, the war 
was not one of retaliation. They prepared their forts and their 
garrisons, it is true, and sent forth their scouting parties in 
every direction ; but by the former means did they attempt to 



58 HI8T0EY OF EASTERN VERMONT. [173.5-1T51. 

repel tlie attacks of invaders, and by the latter to drive them 
without their boundaries. The history of the natural, inherent 
rights of the Indian, involves an argument too deep for these 
narrative pages. Still there is no one who can question the 
right of the settlers to defend their property, though it might be 
unwittingly placed on the land claimed under the law of nature, 
by which the Indian demanded ^as his own territories, those on 
which he had hunted, and as his streams those in which he had 
fished, and on which he had paddled his canoe. 

Many petitions having been presented to the General As- 
sembly of Massachusetts, in the year 1T35, praying for grants 
of land on the Connecticut and Merrimack rivers, that body, on 
the 15th of January, 173f, ordered a survey of the lands 
between the aforesaid rivers, from the north-west corner of the 
town of Rumford on the latter stream to the Great Falls on the 
former, of twelve miles in breadth from north to south, and the 
same to be laid out into townships of six miles square each. 
They also voted to divide the lands bordering the east side of 
Connecticut river, south of the Great Falls, into townships of 
the same size ; and on the west side, the territory between 
the Great Falls and the " Equivalent Lands " into two town- 
ships of the same size if the space would allow, and if not into 
one township. Eleven persons were appointed to conduct the 
survey and division. Twenty-eight townships were accordingly 
laid out between the Connecticut and Merrimack rivers, and on 
the west bank of Connecticut river township I^umber One, now 
"Westminster, was surveyed and granted to a number of persons 
from Taunton, Norton, and Easton in Massachusetts, and from 
Ashford and Killingly in Connecticut, who had petitioned for 
the same.* 

The terms upon which the grant of Number One and of the 
other townships, was made, were these. Each settler was 
required to give bonds to the amount of forty pounds as security 
for performing the conditions enjoined. Those who had not 
within the space of seven years last past received grants of 
land were admitted as grantees ; but in case enough of this 
class could not be found, then those were admitted who, having 
received grants of land elsewhere within the specified time, 
had fulfilled the conditions upon which 'they had received 
them. The grantees were obliged to build a dwelling-house 

* See Appendix C. 



1735-1751.] ERECTION OF LIILLS. 59 

eigliteen feet square and seven feet stud at the least, on their 
respective house lots, and fence in and break up for ploughing, or 
clear, and stock with English grass five acres of land, and cause 
their respective lots to be inhabited within three years from 
the date of their admittance. Thej were further required 
within the same time to " build and furnish a convenient meet- 
ing-house for the public worship of God, and settle a learned 
orthodox minister." On failing to perform these terms their 
rights became forfeit, and were to be again granted to such 
settlers as would fulfil the above conditions within one year after 
receiving the grant. Each township was divided into sixty- 
three rights — sixty for the settlers, one for the first settled minis- 
ter, another for the second settled minister, and the third for a 
school. The land in township Number One was divided into 
house lots and " intervale " lots, and one of each kind was 
included in the right of every grantee. As to the remainder 
of the undivided land, an agreement was made that it should 
be shared equally and alike by the settlers when divided. 

Capt. Joseph Tisdale, one of the principal grantees of 
l^umber One, having been empowered by the General Assem- 
bly of Massachusetts, called a meeting of the grantees at the 
school-house in Taunton, on the 14th of January, 173^. A 
committee was then appointed to repair to the new township 
for the pui*pose of dividing the land, according to the wishes of 
the grantees. They were also required to select a suitable place 
for a meeting-house, a burying-place, a training field, sites for a 
saw mill and a grist mill, and to lay out a convenient road. 
The jDroprietors held a number of meetings, sometimes at 
Capt. Tisdale's, at other times in the old school-house, and not 
unfrequently at the widow Ruth Tisdale's. A sufficient time 
having elapsed, the allotment of the sixty-three rights was 
declared on the 26th of September, 1737, and proposals were 
issued for erecting a saw mill and a grist mill at Number One, 
which was now familiarly called New Taunton, in remembrance 
of the town where the majority of the proj^rietors resided. At 
the same time, a number of the proprietors agreed to undertake 
the building of the mills, and by the records of a meeting held 
July 8th, 1710, it appeared that the saw mill had been built, 
and that means had been taken to lay out a road from it to the 
highway. Other improvements were made at this period by 
Richard Ellis and his son Reuben of Easton, who having 
purchased eight rights in the new township, built there a 



t 

60 HISTOKT OF EASTERN VERMONT. [ITSo-lYSl. 

dwellmg-honse, and cleared and cultivated several acres of 
land. Some of the settlers were also engaged at the same time 
in laying out roads and constructing fences, who, on their 
return to Massachusetts, received gratuities for their services 
from the other proprietors.* 

The grantees were preparing to make other improvements, 
having in view particularly the construction of a road to Fort 
Dummer, when, on the 5th of March, 1740, the northern bound- 
ary line of Massachusetts was settled. On finding by this 
decision that Number One was excluded from that province, 
they appointed an agent on the 5th of April, 1742, to acquaint 
the General Assembly of Massachusetts of the difficulties they 
had exjDcrienced, and of the money and labor they had expend- 
ed in settling their grant, and to ask from that body directions 
by which they might firmly secure their rights, although under 
a diflerent jurisdiction. The meeting at which this appoint- 
ment was made, was probably the last held by the proprietaries 
under Massachusetts, and there is but little doubt that the 
settlement was abandoned upon the breaking out of the " Cape 
Breton War." 

* At a proprietors' meeting held ia Taunton on Tuesday, December 2d, 1740, 
the following appropriations were made: — 

" To Mr. Richard Ellis who in a great measure as to us appears, built a dwell- 
ing-house, and broke up five or six acres of land, voted to be paid and allowed 
by said proprietors for both years' service, 1739 and 1740, the sum of £45 
" Voted to be paid Lieut. John Harney for himself and hand in y« 

year 1739, £10 

" Voted to be paid James Washburn for his service, and part of the 

team, £10 

" Voted to be paid Mr. Joseph Eddy for himself and one hand, and 

one third part of the team, £15 

"Voted to be paid Seth Tisdale for his labour, 1739, . . .£500 
" Voted Jonathan Harney y* 2d, to be paid, . . . .£500 

" Voted to be paid Jonathan Thayer for his service in the year 1740, 

on said township, £10 

£100 0" 
Extract from Records of Township 'So. 1. under Massachusetts. 

In the list of the proprietors of Number One, dated November 19th, 1736, 
appear the names of Joseph and Jonathan Barney of Taunton. There is a tra- 
dition tliat one Barney came to New Taunton as early as the year 1749, that he 
built there a house, and erected the frame of a saw mill. When driven away by 
the Indians, it is said that he previously took the precaution to bury the mill 
irons. A certain stream in the town bore for many years the name of Barney 
Brook, and Barney Island, in Connecticut river, was for a long time used for 
farming purposes by the early settlers. 



1751-1754.] NUMBER ONE KE-GRANTED. 61 

In the spring of the yecar 1751 John Averill, with his wife, 
and his son Asa, moved from Northfield, in Massachusetts, to 
Number One. At that time there were but two houses in the 
latter place. One of these, occupied by Mr. Averill, was situ- 
ated on the top of Willard's or Clapp's hill, at the south end of 
the main street. The other below the hill, on the meadow, and 
imoccupied, was probably the house built by Mr. Ellis and his 
son in 1739. In the house into which Mr. Averill moved there 
had been living four men, one woman, and two children. The 
men were William Gould and his son John, Amos Carpenter 
and Atherton Chafiee. Of these, Gould and Carpenter moved 
their families from Northfield to Number One during the sum- 
mer of the same year. The first child born in Westminster was 
Anna Averill. Her birth took place in the autumn of 1751. 

On the 9th of November, 1752, Governor Benning Went- 
worth, of New Hampshire, re-granted Number One, and 
changed its name to Westminster. The first meeting of the 
new grantees was held at Winchester, New Hampshire, in 
August, 1753, at the house of Major Josiah Willard, whose 
father. Col. Josiah Willard of Fort Dummer, was at the time 
of his death, by purchase from the original Massachusetts gran- 
tees, one of the principal proprietors of Number One.* A 
subsequent meeting was held at Fort Dummer, in the same 
year, at which permission was given to those 23roprietors who 
had purchased rights under the Massachusetts title and then, 
held them, of locating their land as at the first. Further opera- 
tions were suspended by the breaking out of the French war, 
and the families above enumerated were the only inhabitants 
of Westminster until after the close of that struggle.f ■ 

Although the treaty of Aix-la-Chapelle, as well as that w^ith 
the Indians at Falmouth, had promised a respite from the 
bloody scenes of border warfare, yet the government of Massa- 
chusetts, knowing well the treachery of those with whom they 
had to negotiate or contend, still retained their forces on the 
frontiers. :{: Difficulties had already arisen in the eastern quar- 



* Deeds conyeying to him twelve of the original rights are on record. 

f See Appendix D. 

^ From the 21st of June, 11 50, until the 20th of February, 1*752, Fort Dummer 
•was garrisoned with ten men; fifteen were stationed at Fort Massachusetts, and 
the same number at Number Four. The pay allowed at this period was: to a 
captain, £2 2s. 8d. ; to a lieutenant, £1 128. i^d. ; to a sergeant, £1 8«. Id. ; to a 
corporal, £1 8s. Od. ; to a private sentinel, £1 Is. 4i. 



62 HISTORY OF EASTERN VERMONT. [1T51-1Y5J:. 

ters of New England, and from a letter written by Col. Israel 
"Williams on tlie 31st of July, 1750, it would appear that the 
Indians were at that time expected also on the western frontier. 
But the season passed without any interruption from the ene- 
my. On the 8th of December following died Col. Josiah 
Willard, who had been for so long a time the able and efficient 
commander of Fort Dummer, and was succeeded on the ISth 
by his son Major Josiah Willard, who had formerly had the 
charge of a garrison at Ashuelot. 

Intelligence having reached Boston, in August, 1751, that a 
number of the Penobscot tribe had joined the St. Francis In- 
dians with the design of attacking the frontier settlements, Col. 
Israel WilHams was ordered to apprise the garrisons at Num- 
ber Four, Forts Dummer and Massachusetts, of their danger. 
The necessary measures of defence were accordingly taken, and 
in consequence of this vigilant activity, no incursions were 
made during this summer. A plan was projected about this 
period of establishing a military settlement on the rich inter- 
vals at Coos, extending south from Canada, a considerable dis- 
tance on both sides of Connecticut river. Many engaged in the 
enterprise, and in the spring of 1752 a party was sent to view 
Coos meadows, and lay out the townships. The Indians who 
claimed this territory, noticing these movements, sent a delega- 
tion from their tribe to Charlestown and informed Capt. Stevens 
that they should resist by force any attempt to carry the plan 
of a settlement into execution. Governor "Wentworth having 
heard of their determination, deemed it best not to ii*ritate 
them, and the design was reHnquished.* 

On the 28th of the following April, ten or twelve of the St, 
Francis Indians surprised four men who were hunting on Baker's 
river, a branch of the Merrimack. Amos Eastman and the 
subsequently-distinguished John Stark were made prisonei's. 
"William Stark, a brother of the latter, escaped, but David 
Stinson, his companion, was killed. By the way of Connecticut 
river and by portage to Lake Memphramagog, the captives 
were carried to the Indian country. Stark was at first treated 
with great severity, but was subsequently adopted as a son of 
the Sachem of the tribe, and was so much caressed by his cap- 
tore that he used often to observe, " that he had experienced 
more genuine kindness from the savages of St. Francis, than he 

* Po-wers's Coos Coontiy, pp. 10-13. Belknap's Hist N. H., ii. 278, 2^9. 



1752-1754.] TKEATT WITH THE INDIANS. 63 

ever knew prisoners of war to receive from any civilized 
nation."* 

In February, 1752, the General Court believing that the fron- 
tiers were comjDaratively secm-e, reduced the garrison at Fort 
Dummer to five men. In this condition it remained under the 
command of Josiah Willard, to whom a sergeant's pay was 
allowed, until January, 1754, when the same body voted that, 
" from and after February 20th next, no further provision be 
made for the pay and subsistence of the five men now posted 
at Fort Dummer, and that the Captain General be desired to 
direct Major Josiah Willard to take care that the artillery and 
other warlike stores be secured for the service of the govern- 
ment." Notwithstanding this vote, the same force and the 
same commander were continued until the following Septem- 
ber. The year 1753 was one of comparative quiet. Settle- 
ments multiplied and immigration increased. But in a coun- 
try, the power of whose masters had only been checked, no- 
thing but temporary peace could be expected. A short respite 
from the barbarities of a savage warfare, was sure to be follow- 
ed by a long period of melancholy disasters, l^or was the pre- 
sent instance an exception to the rule. Tlie encroachments of 
the French on the Ohio, and the renewal of hostilities by the 
Indians on the frontiers of JSTew England, manifested the pre- 
sence of a disposition as fierce and warlike as that which had 
preceded the struggles of former years. On this account the 
home government ordered the colonies to place themselves in a 
state of preparation, and counselled them to unite for mutual 
defence. In compliance with this advice. Governor Shirley 
proposed to the governors of the other provinces to send dele- 
gates to Albany, to draw up articles for a protective union and 
hold a treaty with the Six nations. His proposition was adopted. 
Delegates from seven provinces met at the convention on the 
19th of June, 1754. A treaty was concluded with the Indians, 
and on the 4th of July, twenty-two years before the Declaration 
of American Independence, a plan for the union of the colonies 
was agreed on. Copies of the plan were sent to each of the pro- 
vinces represented, and to the King's Council. By the pro- 
vinces it was rej ected, " because it was supposed to give too 
much power to the representatives of the King." It met with a 

* Memoir of General Stnrk, by bis son, Concord, 1831, p. 174. Hoyt's Indian 
Wars, p. 260. 



64 HISTORY OF EASTERN VERMONT. [1754. 

similar fate at the liands of tlie Council, " because it was sup- 
posed to give too much power to the representatives of the peo- 
ple." By this disagreement, the colonies were obliged to fall 
back on their old system of warfare. Each government was 
left to contend with its enemies as best it miD^ht,* 

For the defence of Massachusetts and her frontiers, during 
the year 1Y54, Governor Shirley, on the 21st of June, ordered 
the commanders of the provincial regiments to assemble their 
troops for insjDection, and make returns of the state of their 
forces at head-quarters. The towns in the province were also 
ordered to furnish themselves with the stock of ammunition 
required by law. It was not until late in the summer that the 
enemy renewed their incursions on the frontiers of New Hamp- 
shire. At Baker's town, on the Pemigewasset river, they made 
an assault on a family, on the 15th of August, killed one woman, 
and took captive several other persons. On the 18th they 
killed a man and a woman at Stevens's town, in the same neigh- 
borhood. Terrified at these hostile demonstrations, the inhabit- 
ants deserted their abodes, and retired to the lower towns for 
safety, and " the government was obliged to post soldiers in the 
deserted places." At an early hour on the morning of the 30th, 
the Indians appeared at Number Four, or Charlestown, on Con- 
necticut river, broke into the house of James Johnson, before any 
of the family were awake, and took him prisoner, together with 
his wife and three children, his wife's sister, Miriam "VVillard, a 
daughter of Lieutenant WiUard, Ebenezer Farnsworth, and 
Peter Labaree. Aaron Hosmer, who was also in the house, 
eluded the enemy by secreting himself under a bed. No blood 
was shed in the capture, and soon after daylight the Indians set 
out with their prisoners for Canada, by the way of Crown Point. 
On the evening of the first day, the whole party encamped in 
the south-west corner of the present township of Eeading, in 
Yermont, near the junction of what is now called Knapp's 
brook with the Black river branch. On the morning of the 
81st, Mrs. Johnson, who had gone half a mile further up the 
brook, was delivered of a daughter, who, from the circumstances 
of her birth, was named Captive. After a halt of one day the 
march was resumed, Mrs. Johnson being carried by the Indians 
on a litter which they had prepared for her accommodation. 
As soon as her strength would permit, she was allowed to ride 

* Holmes's Annals, ii. 200, 201. Hoyt's Indian Wars, pp. 260, 261. 



1754.] 



COMMEMORATIVE STONES. 



65 



a horse. The journey was long and tedious, and provisions 
were scanty. It finally became necessary to kill the horse for 
food, and the infant was nourished, for several days, by sucking 
pieces of its flesh.* 

Captive Johnson was afterward the wife of Col. George 
Kimball of Cavendish. .- Upon the north bank of Knapp's 
brook in the town of Reading, beside the road running from 
Springfield to Woodstock, stand two stones commemorative of 
the events above recorded. The larger one is in its proper % 
place, and the smaller one, though designed to be located 
half a mile further up the brook, whether by accident or inten- 
tion, has always stood at its side. The stones are of slate, and 
of a very coarse texture. They bear the following inscriptions. 




Commemorative Stones. 

* When they arrived at Montreal, Mr. Johnson obtained a parole of two 
months, to return and solicit the means of redemption. He applied to the Assem- 
bly of New Hampshire, and, after some delay, obtained on the 19th of December, 
1754, one hundred and fifty pounds sterling. But the season was so far ad- 
vanced, and the winter proved so severe, that he did not reach Canada till the 
spring. He was then charged with breaking his parole ; a great part of his 
money was taken from l^m by violence, and he was shut up with his family 
in prison. Here they took the small-pox, from which, after a severe illness, 
they happily recovered. At the expiration of eighteen months, Mrs. Johnson, 
with her sister and two daughters, were sent in a cartel ship to England, and 
thence returned to Boston. Mr. Johnson was kept in prison three years, and 
then with his son returned and met his wife in Boston, where he had the singular 
ill fortune to be suspected of designs unfriendly to his country, and was again 
imprisoned ; but no evidence being produced against him, he was liberated. His 
eldest daughter was retained in a Canadian nunnery. — Belknap's Hist, N. H., ii. 
289, 290. Hoyt's Indian "Wars, p. 262. 

5 



66 HISTORY OF EASTERN VERMONT. [1754:. 

This is near the spot 

that the Indians Encamp^ the 

Night after they took M"" Johnson & 

Family M"" Laberee & Farnsworth 

Auguft 30*'! 1754 And Mrs 

Johnson was deliver*^ of her child 

Half a mile up this Brook. 

When trouble near the Lord is kind 

He hears the captives Crys 

He can subdue the savage mind 

And learn it sympathy 

On the 31^*^ of 

Auguft 1754 

Cap^ James 

Johnson had 

A Daughter born 

on this spot of 

Ground being 

Captivated with 

his whole Family 

by the Indians. 

But tlie enemy did not confine their depredations to the fron- 
tiers alone. On the 28th of August, a party of about one 
hundred Indians, from the Nepisinques, the Algonkins, and 
the "Abenaquies of Bekancour" made an attack on "Dutch 
Hoosac," about ten miles west of Fort Massachusetts. Tlieir 
first appearance was at a mill which was attended by a few 
men. Of these, they killed Samuel Bowen, and wounded John 
Barnard. They then drove the rest of the inhabitants from 
their dwellings, killed most of the cattle, and set fire to the set- 
tlement. On the following day San Coick experienced a similar 
fate. The garrison at Fort Massachusetts was too weak to 
afford any important aid, and a party of militia from Albany, 
that had marched to the scene of destruction, did not arrive 
untn the enemy had departed. The loss at Hoosac was stated 
at " seven dwelling houses, fourteen bants, and fourteen J«r- 
raclcs of wheat." That at San Coick was about the same. 
The property destroyed was supposed to amount to " four thou- 
sand pounds, York currency."* 

* Hoyt saiys: "The depredations were attributed principally to the Schag- 
ticoke Indians." — Indian Wars, p. 263. 

It is more than probable that the tribes mentioned in the test were the perpe- 



1754.] PLANS FOK THE FRONTIER DEFENCES. 67 

To put a period, if possible, to these devastating incursions, 
more extensive means of defence were adopted by Massacliu- 
setts, and the charge of the western frontiers was again given 
to Col. Israel Williams of Hatfield. His knowledge as a topo- 
grapher and engineer, enabled him, soon after, to present to 
Governor Shirley an accurate sketch of the frontiers of Massa- 
chusetts and New Hampshire, with plans for their defence. He 
recommended the abandonment of Forts Shirley and Pelham, 
and the erection of a line of smaUer works on the north side of 
Deerfield river. He further proposed that the old works at 
Northfield, Bernardston, Colrain, Greenfield, and Deerfield 
should be repaired, and others built where repairs were imprac- 
ticable ; that Forts Dummer and Massachusetts should be 
strengthened and furnished with light artillery and sufficient 
garrisons ; that fortifications should be erected at Stockbridge, 
Pontoosuck, and Blanford in the south-western part of Massa- 
chusetts, and two others to the westward of Fort Massachu- 
setts, in order to form a cordon with the line of works in 
I^ew York ; that the fort at Charlestown, being out of the juris- 
diction of Massachusetts, should be abandoned ; that, as in the 
former wars, ranging parties should be constantly employed 
along the line of forts, and in the wilderness, now the state of 
Vermont, and that the routes and outroads from Crown Point 
should be diligently watched. These plans, with the exception 
of that recommending the abandonment of Charlestown, were 
adopted, and a body of troops was ordered to be raised for the 
western frontiers, to be stationed as Col. Williams should direct. 

Forts Dummer and Massachusetts, works of considerable 
strength, and containing small garrisons, were furnished with a 
few pieces of ordnance. The other works being diminutive 
block-houses, or stockaded dwellings, bearing the names of their 
occupants, were made defensible against musketry. These were 
Sheldon's and Burk's garrisons at Bernardston, on Connecticut 
river ; Morrison's and Lucas's, at CoLrain ; Taylor's, Eice's, and 
Hawks's, at Charlemont ; Goodrich's and Williams's, at Pontoo-^ 
suck ; and defences at Williamstown, Sheffield, and Blanford. 
Some of them were provided with swivels and small forces 
under subaltern officers. In other places, less exposed, sligliter 
fortifications were established, some at the expense of the 

trators of the acts ascribed to them. — See documents in office Sec. State K Y., in 
Colonial MSS. De Lancey, 1754, vol. Ixsix. 



68 HISTOET OF EASTERN VEEMONT. [1754, 1755. 

inhabitants, and some at the expense of the province. Capt. 
Ephraim AVilliams was, as in the preceding war, appointed 
commander of the line of forts. His rank was raised to that of 
major. Deerfield was made the depot for the commissary 
stores, and a small force was stationed to protect them. The 
office of commissary was given to Major Elijah Williams. The 
fort at Charlestown, which had been built by Massachusetts, 
but which now lay within the boundaries of New Hampshire, 
required a protecting force. Governor Shirley wrote to Go- 
vernor Wentworth recommending its future maintenance to the 
New Hampshire Assembly, and applications of a like nature 
were made by the inhabitants of Charlestown, The Assembly, 
as in former years, refused to listen to these requests. Peti- 
tions were then sent to the General Court of Massachusetts, and 
as a proof of the importance of the post at Charlestown, the 
petitioners stated that the attacks of the enemy had been sus- 
tained at that place, on ten different occasions, during the 
space of two years. Mention was also made of the suflerings 
which the inhabitants had endured by the loss of their cattle 
and provisions. Massachusetts again sent soldiers for the de- 
fence of the town, and a guard was continued there and at Fort 
Dummer until the year 1757. On the 19th of September the 
command of the latter station was given to Nathan Willard, 
with the rank of sergeant, and until June, 1755, the garrison 
numbered eight men. So effectually had these preparations been 
made, and so well were they perfected, that the incui-sions of the 
enemy ceased almost immediately. The settlers again enjoyed 
a temporary security, and at the close of the year it was deemed 
safe to lessen several of the garrisons at the smaller forts."* 

Tlie inhabitants of Westminster who were few in number and 
but poorly protected, being alarmed by the capture of the 
Johnsons at Charlestown, had removed to Walpole immediately 
after that event. Here they were accommodated at the house 
of Col. Benjamin Bellows until October, when they returned to 
Westminster, There they tarried until the February following, 
when the Averill family moved to Putney, which town, on the 
26th of December, 1753, had been granted and chartered by 
Benning Wentworth, Fort Hill, which had been erected 
before the Cape Breton war, had now gone to decay and was 
mostly demolished. The settlements in the immediate vicinity 

* Hoyt's Indian Ware, pp. 263-265. Belknap's Hist N. H., ii 290, 291. 



1755.1 FORT AT THE GREAT MEADOW. 69 

were in consequence undefended and insecure. For their mu- 
tual safety, the inhabitants of Westmoreland, New Hamp- 
shire, joined with the inhabitants of Westminster and Putney, 
and in the year 1T55 built a fort on the Great Meadow, on the 
site of the house lately occupied by Col. Thomas White, near 
the landing of the ferry. The fort was in shape oblong, about 
one hundred and twenty by eighty feet, and was built with 
yellow pine timber hewed six inches thick and laid up about 
ten feet high. Fifteen dwelhngs were erected within it, the waU. 
of the fort forming the back wall of the houses. Tliese were 
covered with a single roof called a " salt-box " roof, which slanted 
upward to the top of the wall of the fort. In the centre of the 
enclosure was a hollow square on which all the houses fronted. 
A great gate opened on the south toward Connecticut river, 
and a smaller one toward the west. On the north-east and 
south-west corners of the fort, watch-towers were placed. In 
the summer season, besides its customary occupants, the fort 
was generally garrisoned by a force of ten or twelve men from 
New Hampshire. 

The only inhabitants on the Great Meadow at the beginnmg 
of the year 1Y55, were Philip Alexander from ISTorthfield, 
John Perry and John Averill with their wives and fami- 
lies, and Capt. Michael Gilson a bachelor, his mother and his 
two sisters. On the completion of the fort, several of the 
inhabitants of Westmoreland crossed the river and joined the 
garrison. These were Capt. Daniel How, Thomas Chamber- 
lain, Isaac Chamberlain, Joshua Warner and son, Daniel War- 
ner, wife and son, Harrison Wheeler, Deacon Samuel Minott, 
who afterward married Capt. Gilson's mother, and Mr. Aldrich 
and son.* At the close of the French war, all who had re- 
moved from Westmoreland, returned, with the exception of 
Deacon Minott. During the summer Dr. Lord and William 
Willard joined the garrison. Several children were born in 
the fort, but the first child born within the limits of the town 
of Putney is supposed to have been Aaron, son of Philip Alex- 
ander. His birth took place before the fort was built, and there 
is a tradition that Col. Josiah Willard, in commemoration of the 
event, presented to the boy a hundred acres of land, situated 
about half a mile east of Westmoreland bridge. The father 



* The son was afterward General George Aldrich. He died at Westmore- 
land, N. H., in the year 1807. 



70 HISTORY OF EASTERN VERMONT. [1755, 

of Capt. Daniel How and the father of Harrison "Wheeler died 
in the fort. Both were buried in the graveyard in Westmore- 
land on the other side of the river, lieligious services were 
for a long time observed among the occupants of the fort, and 
there the Rev. Andrew Gardner, who had previously been 
chaplain and surgeon at Fort Dummer, preached nearly three 
years. The Great Meadow, at this time, was not more than 
half cleared, and its noble forests of yeUow pine, with here 
and there a white pine or a white oak, presented an appearance 
which is seldom to be met with at the present period, in any 
part of the state. Col. Josiah Willard, who owned the Mea- 
dow, gave the use of the land as a consideration for building 
the fort and defending it during the war. The land w^as por- 
tioned out to each family, and the inhabitants were accustomed 
to work on their farms in company that they might be better 
prepared to assist one another in the event of a surprise by the 
enemy. There was no open attack upon the fort during the 
French war, although the shouts of the Indians were often heard 
in its vicinity in the night season. On one occasion they laid 
an ambush at the north end of the Meadow. But the settlers 
who were at work on an adjacent island, were so fortunate as to 
discover the signs of their presence, and avoided them by pass- 
ing down the river in a com-se different from that by which 
they had come.* 

The expeditions which were planned by Gen. Braddock, in 
conjunction with the Colonial Governors, against Fort Du 
Quesne, Niagara, and Crown Point, at the beginning of this 
year, served to a certain extent to defend the frontiere from the 
incursions of the enemy. Major Ephraim "Williams, who dur- 
ing the yeai' 1754 had taken charge of the western Hne of forts 
in Massachusetts, was appointed to the command of a regiment 
in the latter expedition. Capt. Isaac Wyman succeeded him 
as commander of Fort Massachusetts. Simultaneous with these 
extensive operations, measures were taken by Massachusetts to 
render more effectual the defence of her borders. Garrisons 
were strengthened, new levies of soldiers made, the people in 
exposed towns were required to go armed when attending 
public worship, and it was made the duty of the militia officers 
to see that this order was observed.f 

* MS. Historical Sermons, preached at Putney on Fast Day, 1825, by Rev. E. 
D. Andrews. 

■)• " The monthly pay of the troops on the frontiers, established by the govern- 



1755.] PAETISAN CORPS AND RANGEES. 71 

Biit the feature wliicli cliaracterized in a peculiar manner 
tlie WiU'fare of this year, was the system introduced in the 
conduct and management of the partisan corps. Tlie govern- 
ment of Massachusetts had offered a large bounty for every 
" Indian killed or captured," and to gain this reward, did these 
ranging parties engage in what were commonly known at the 
time as " scaljDing designs." Their field of operation extended 
from the Connecticut to the Hudson, and from the Massachu- 
setts cordon to the borders of Black river, in Yermont. Each 
company consisted of not less than thirty men, and of none but 
such as were able-bodied and capable of the greatest endur- 
ance. Sometimes they marched in a body on one route, and 
again in two or three divisions on different routes, or as ordered 
by their officers. The commissioned officers kept a journal of 
each day's proceedings, which was returned at the close of the 
march, to the commander-in-chief of the forces, after having 
been sworn to before the Governor of Massachusetts, or one of 
his Majesty's justices of the peace. No bounty was given until 
the captured Indians, or the scalps of those killed, were deK- 
vered at Boston to persons appointed to receive them. 

Compared with the life of the ranger, that of the frontier 
settler was merely the training school in hardshij) and endur- 
ance. In the ranging corps were perfected lessons, the rudi- 
ments of which are at the present day but seldom taught ; and 
the i^artisan soldier of the last century, though unskilled in the 
science of warfare, was an equal match for the resolute Indian, 
whose birthright was an habituation to daring deeds and wasting 
fatio;ue. The duties of the rano;ers were " to scour the woods, 
and ascertain the force and position of the enemy ; to discover 
and prevent the effect of his ambuscades, and to ambush him 
in turn ; to acquire information of his movements by making 
prisoners of his sentinels ; and to clear the way for the advance 
of the regular troops." In marching, flankers preceded the 
main body, and their system of tactics was embodied in the 
quickness with which, at a given signal, they could form in file, 

ment of Massachusetts, June llth, 1Y55, was as follows. Marching forces : Cap- 
tain, £i 16s. ; Lieutenant, £3 4s. ; Sergeant, £1 14s. ; Corporal or Private, £1 
6s. 8d. Garrison forces: Captain, £4; Lieutenant, £3; Sergeant, £1 10s.; Cor- 
poral £1 8s. ; Drummer, £1 8s. ; Centinel, £1 4s. ; Armourer at the westward, £3." — 
Hoyt's Indian Wars, p. 267. 

In addition to the regularly established garrisons, guards were stationed at 
Greenfield, Charlemont, Southampton, Huntstown, Colrain, and Falltown, to pro- 
tect the inhabitants while gathering their crops. 



72 HISTORY OF EASTERN VERMONT. [1755. 

either single or otherwise, as occasion demanded. In fighting, 
if the enemy was Indian, they adopted his mode of warfare, 
and were not inferior to him in artifice or finesse. To the use 
of all such weapons as were likely to be employed against them 
they were well accustomed, and their antagonist, whoever he 
might be, was sure to find in them warriors whom he might 
hate, but could not despise. As marksmen none surpassed them. 
With a sensitiveness to sound, approximating to that of instinct, 
they could detect the sly approach of the foe, or could mark 
with an accuracy almost beyond belief, the place of his con- 
cealment. Their route was for the most part through a country 
thickly wooded, now over jagged hiUs and steep mountains, 
and anon, across foaming rivers or gravelly-bedded brooks. 

AVhen an Indian track was discovered, a favorable point was 
chosen in its course, and there was formed an ambuscade, where 
the partisans would lie in wait day after day for the approach ot 
the enemy. ITor were mountains, rivers, and foes, the only obsta- 
cles with which they were forced to contend. Loaded with pro- 
visions for a month's march, carrying a musket heavier by far than 
that of a more modern make, wntli ammunition and appurte- 
nances correspondent ; thus equipped, with the burden of a porter, 
did they do the duty of a soldier. At night, the place of their 
encampment was always chosen with the utmost circumspection, 
and guards were ever on the alert to prevent a surprise. Were it 
summer, the ground sufficed for a bed, the clear sky or the out- 
spreading branches of some giant oak for a canopy. Were it 
winter, at the close of a weary march, performed on snow-shoes, 
a few gathered twigs pointed the couch made hard by necessity, 
and a rude hut served as a miserable shelter from the inclemency 
of the weather. Were the night very dark and cold, and no 
fear of discovery entertained, gathered around the blazing brush 
heap, they enjoyed a kind of satisfaction in watching the tower- 
ing of its bright, forked flame, relieved by the dark background 
of the black forest ; or encircling it in slumber, dreamed that 
their heads were in Greenland, and their feet in Vesuvius. If 
a comrade were sick, the canteen, or what herbs the forest af- 
forded, were usually the only medicines obtainable ; and were he 
unable to proceed, a journey on a htter to the place whence his 
company started, or to the point of their destination, with the 
exposure consequent thereupon, was not always a certain war- 
rant of recovery, or the most gentle method of alleviating pain. 

But the great object was unattained, so long as they did not 



1755.] THE PAETISAN SOLDIER. 73 

return with a string of scalps, or a retinue of captives. When 
success attended their efforts, the officers and soldiers shared 
ahke in the bounty paid, and strove to obtain equal proportions 
of the praise and glory. The partisans of the valley of the Con- 
necticut were mostly from Massachusetts, Connecticut, and New 
Hampshire. Some of them had borne for many years the bar- 
barities of the Indian, and were determined to hunt him like a 
beast, in his own native woods. Not a few had seen father and 
mother tomahawked and scalped before their very eyes ; and 
some, after spending their youth as captives in the wigwam, had 
retm-ned, bringing with them a knowledge of the Indian modes 
of warfare, and a burning desire to exert that knowledge for the 
destruction of their teachers. To men in this situation, a bounty, 
such as was offered by the government of Massachusetts, was 
sufficient to change thought into action, and it did not require 
the eye of a prophet to foresee the result. Great were the dan- 
gers they encountered, arduous the labor they performed, pre- 
eminent the services they rendered, and yet the partisan soldier 
has seldom been mentioned but with stigma, and his occupation 
rarely named but with abuse. This may be due, in some part, 
to the deviation from the usages of civilized warfare, which was 
sanctioned by the use of the scalping knife. Still the impartial 
reader should bear in mind the circumstances and the times 
which are under review. He should remember the barbarity of 
the enemy, the principles of natural justice, or the law of retalia- 
tion, the emergencies which were constantly arising, and the 
necessity which compelled the partisan to fight the Indian on 
his own terms. Let these considerations be indulged, and the 
rendering of a juster verdict in future, will show that discrimina- 
tion has been allowed to take the place too long held by prejudice 
and scorn. "^ 

Although the greatest precautions had been taken to render 
the frontiers secure against the enemy, yet the year 1755 bore 
on its record as large a share of disasters as any which had pre- 
ceded it. Early in June, a party of Indians attacked a number 
of persons, who were at work in a meadow in the upper part 
of Charlemont, Massachusetts, near Rice's fort. Capt. Rice 
and Phineas Arms were killed, and Titus King and Asa Rice, a 
lad, were captured, and taken to Canada, by the way of Crown 

* Reminiscences of the French War, Concord, 1831 ; pp. 4, 5. " Rules for the 
Ranging Service," in the Journals of Major Robert Rogers, London, 1765 ; pp. 
60-70. Hoyt's Indian Wars, pp. 266-268. 



74 HISTORY OF EASTERN VERMONT. [1755. 

Point. King was afterward carried to France, thence to Eng- 
land, whence he at length returned to Northampton, his native 
place. An account of some of the depredations which were 
made at this period in New Hampshire, is given by Hoyt, in the 
foUowing paragraph : " In the month of June, a man and boy 
were captured at New Hopkinton, but immediately after re- 
taken by a scouting party. The same month an attack was 
made on a fort at Keene, commanded by Capt. Sims; but 
the enemy, after some vigorous fighting, were di'iven off. On 
their retreat they killed many cattle, burned several houses, 
and captured Benjamin Twichel. At Walpole they killed 
Daniel Twichel, and another man, by the name of Flynt." On 
the 17th of August, at noon, the Indians in large numbers at- 
tempted to waylay Col. Benjamin Bellows of Walpole, and a 
party of thirty men, while returning from their labor. Failing 
in this imdertaking, they attacked the fort of John Kilburn, 
"situated near Cold river, about two miles from the present 
centre of the town of "Walpole, on the road to Bellows Falls, 
the exact spot being said to be just where two apple trees, very 
visible on the east of the way-side, now bear the fruits of j)eace." 
It was bravely defended by the owner and his son, John Peak 
and his son, and several women, who finally compelled the enemy 
to retire with considerable loss. Peak was mortally wounded in 
the assault.* 

On the 2Tth of June,t the most disastrous affair that occurred 
during the season on Connecticut river, took place at Bridg- 
maivs Fort, on Vernon meadow, a short distance below Fort 
Dummer. On the spot where the original fort stood, which was 
burned by the Indians in 1747, another of the same name had 
been erected soon after, and being strongly picketed, was con- 
sidered as secure as any garrison in the vicinity. It was situ- 
ated on low ground, near elevated land, from which an easy 
view of its construction and arrangements might be had. From 
the manner in which the attack was planned, and from the stra- 
tegy therein displayed, it is supposed that the Indians, availing 
themselves of the opportunity afforded by the high ground, 
had previously viewed the place, and by listening at the gate, 
had discovered the signal by which admittance was gained to 

* Hoyt's Indian Wars, pp. 266-269. A full account of this fight is given in 
Appendix E. 

f Some writers have named July 27th, as the day on which this event occurred. 
Contemporaneous MSS. corroborate the date given in the text. 



1T55.] CAPTURE OF BRroGMAN's FOET. 75 

the fort. On the morning of tlie daj in wliich the attack was 
made. Caleb How, Hilkiah Grout, Benjamin Gaffield, and two 
lads, the sons of How, left the fort and went to work in a corn- 
field, lying near the bank of the river. Returning a little before 
sunset, they were fired upon by a party of about a dozen Indians, 
from an ambush near the path. How, who was on horseback 
with his two sons, received a shot in the thigh, which brought him 
to the ground. The Indians, on seeing him fall, rushed up, and 
after piercing him with their spears, scalped him, and leaving 
him for dead, took his two sons prisoners. Gaffield was drowned 
in attempting to cross the river, but Grout fortunately escaped. 
Tlie families of the sufierers who were in the fort, had heard 
the firing but were ignorant of its cause. Anxiously awaiting 
the return of their companions, they heard in the dusk of 
evening a rapping at the gate, and the tread of feet without. 
Supposing by the signal which was given that they were to re- 
ceive friends, they too hastily opened the gate, and to their 
surprise and anguish, admitted enemies. The three families, 
consisting of Mrs. Jemima How and her children, Mary and 
Submit Phips, William, Moses, Squire and Caleb How, and a 
babe six months old ; Mrs. Submit Grout and her children, 
Hilkiah, Asa, and Martha, and Mrs. Gaffield with her daugh- 
ter Eunice, fourteen in all, were made prisoners. After plun- 
dering and firing the place, the Indians proceeded about a mile 
and a half and encamped for the night in the woods. Tlie 
next day they set out with their prisoners for Crown Point, 
and after nine days' travel reached Lake Champlain. Here 
the Indians took their canoes, and soon after, the whole party 
arrived at the place of destination. After remaining at Crown 
Point about a week, they proceeded down the lake to St. Johns, 
and ended their march at St. Francis on the river St. Lawrence. 
Mrs. How, after a series of adventures, was finally redeemed 
with three of her children, through the intervention of Col. 
Peter Schuyler, Major, afterwards Gen. Israel Putnam and 
other gentlemen, who had become interested for her welfare on 
account of the peculiarity of her sufierings and the patience with 
which she had borne them. Of the other children, the young- 
est died, another was given to Governor de Vaudreuil of 
Canada, and the two remaining ones, who were daughters, 
were placed in a convent in that province. One of these was 
afterwards carried to France, where she married a Frenchman 
named Cron Lewis, and the other was subsequently redeemed 



76 



niSTOKY OF EASTERN VERMONT. 



[1755. 



by Mrs. How, wlio made a journey to Canada for the express 
purpose of procuring her release. Mrs. How afterwards be- 
came the wife of Amos Tute, who was for several years one of 
the coroners of Cumberland county. She was buried in 
Yernon, and her tombstone epitomizes her varied life and ex- 
ploits, in these words. 

Mrs Jemima Tute 



SuccefTively Relict of MefPs 

William Phipps, Caleb Howe & Amos Tute 

The two firft were killed by the Jndians 

Phipps July 5*^ 1743 

Howe June 29*^^ 1755 

When Howe was killed, fhe & her Children 

Then feven in number 

Were carried into Captivity 

The oldeft a Daughter went to France 

And was married to a French Gentle- 



The youngeft was torn from her 

Breast 
And perished with Hunger 
By the aid of fome benevolent Gent" 
And her own perfonal Heroifm 
She recovered the reft 
She had two by her laft Hufband 
Outlived both him & them 
And died March 7^11 1805 aged 82 
Having pafled thro more vicifiltudes 
And endured more hardfhips 
Than any of her cotemporaries 




The grave of Mrs. Jemima Tute. 



No more can Savage Foes annoy 

Nor aught her wide fpread Fame Deftroy* 



On the morning after the attack on Bridgman's Fort, a party 
of men found Caleb How still alive, but mortally wounded. 
He was conveyed to Hinsdale's Fort, on the opposite side of 



* A more detailed account of the adventures and sufferings of Mrs. Howe, who 
has been called the " Fair Cnptive," may be found in Belknap's Hist. N. H. iii. 
370-388, and in the " Life of General Putnam " in Humphrey's Works, pp. 276- 
279. 



1755.] 



ATTACK AT HINSDALE S FORT. 



77 



the river, where he soon after expired. He was buried ahout 
half a mile from the fort, in the middle of a large field, and a 
stone erected to his memory is still standing, inscribed with 
this record : — 



Jn Memory of M' 
Caleb How a very 
Kind Companion who 
Was Killed by the Jndea 
ns June the 27th 
1755. in the 32 year 
Of his age. his Wife M" 
Jemima How With 7 
Children taken Captive 
at the Same time. 




The Grave of Caleb How. 



At the close of three years' captivity, Mrs. Gaffield was ran- 
somed and went to England. The fate of her daughter, Eunice, 
is uncertain. On the 9th of October, 1758, a petition, signed 
Zadok Hawks, was presented to the General Court of Massa- 
chusetts, praying them to use their influence to obtain the 
relea-se of Mrs. Grout, the petitioner's sister. At that time, she 
and her daughter were residing with the French near Mon- 
treal, and her two sons were with the Indians at St. Francis. 
It is probable that their release was not long delayed, as one of 
the sons a few years later was a resident of Cumberland county. 

But this was not the last of the incursions of the enemy. On 
the 22d of July, at about nine o'clock in the morning, a party 
of Indians attacked four of the soldiers of Hinsdale's Fort, and 
three of the settlers residing there, as they were cutting poles 
for the purpose of picketing the garrison. At the time of the 
attack they were not more than a hundred rods distant from 
the fort. Four men were on guard, and three were on the 
team. They had drawn only one stick when the enemy fired 
upon them, and having got between them and the fort endea- 
vored to keep them from reaching it. Of the soldiers, John 
Hardiclay* was killed and scalped on the spot. His body was 
terribly mangled, both breasts being cut off and the heart laid 
open. Jonathan Colby was captured, and the two others. Heath 



* In the letter of CoL Ebenezer Hinsdell, this name is written Hard-way. — N. 
H. Hist Coll., T. 254. 



78 HISTOKT OF EASTERN TEKMONT. [1755. 

and Quimbj, escaped to the fort. Of the settlers, John Alex- 
ander was killed and scalped, and Amasa Wright and his snr- 
viving companion, whose name is not recorded, saved them- 
selves by flight. An alarm was immediately sounded, and the 
" Great Gun " at Fort Dummer, on the opposite side of the river, 
was fired. Thirty men from Northfield answered the summons, 
but their assistance availed only in burying the dead, for the 
enemy had gone too far to warrant a pursuit. A week pre- 
vious to this occurrence the Indians burned an outhouse with 
its contents, situated about six miles above West river, and dur- 
ing the whole summer hostile bands scattered in every direction 
among the settlements, were watching for opportunities to plua- 
der and destroy. Information of these transactions was sent to 
Governor Wentworth by Col. Ebenezer Hinsdell, and the clos- 
ing words of his letter, " we are loath to tarry here merely to 
be killed," convey in strong terms, a knowledge of the danger 
which encircled the settlers, and of the incompetency of their 
forces to. afford protection. 

Although the governor was willing and anxious to furnish 
the requisite aid, the New Hampshire Assembly were unwilling 
to render the least. Application was then made to the Massa- 
chusetts Legislature, and Nathan Willard, the commander at 
Fort Dummer, in a memorial presented in the month of August, 
described the situation of that post. He stated that the enemy 
were continually lurking m the woods around and near the fort ; 
that during the past summer nineteen persons, living within 
two miles of it, had been " killed or captivated ;" that it was 
impossible to succor tliem by reason of the insufficiency of the 
garrison, which numbered only five men on pay, and that in 
case of an attack there was no reason why the enemy should 
not be perfectly successful. In view of these representations, 
the Legislature directed Capt. Willard to add six men to his 
present force, to serve until the first of October following. Si- 
milar assistance was granted to other garrisons on the frontiers. 

Tlie expedition against Crown Point, which had been planned 
during the spring and summer, was consummated in the fall of 
this year. The unwearied eiforts of General, afterwards Sir 
William Johnson, to whom the command had been given, 
though attended with success, were not rewarded with the con- 
quest of the desired station ; and the victory of the 8th of Sep- 
tember, which defeated the Baron Dieskau and his French and 
Indian forces, though it served to cheer the spirits of the Eng- 



1755.] THE SUPPOKT OF FORT DUMMER. 79 

lisli ill America, was piircliased by the loss of some of the best 
men in the colonies. Of this number was Col. Ephraim Wil- 
liams, who was shot through the head as he was leading on his 
regiment in the conflict. His death was universally regretted 
by his countrymen. His exertions, during a service of many 
years on the frontier, had won him the esteem and admiration 
which is due to virtue and valor ; and the endowment which he 
made by his will for establishing the college which bears his 
name, has kept his memory green in the hearts of succeeding 
generations, and added to his renown as a warrior the praises 
of scholars and philanthropists.* 

As has been previously stated. Fort Dummer, although situ- 
ated without the borders of Massachusetts, had been long sup- 
ported by that province. The Board of Trade had, on the 3d 
of August, 1749, declared it proper and just, that New Hamp- 
shire should reimburse Massachusetts for its maintenance ; yet 
no attention had been given to this advice, and Massachusetts 
had continued as before to support a garrison at that station. 
In order to obtain payment for their services, the Council of 
Massachusetts, "in confidence of his Majesty's goodness and 
justice," appointed a committee on the 29th of May, 1752, con- 
sisting of Samuel Watts, John Wheelwright, and Thomas 
Hutchinson, who, with a committee from the House, were 
ordered to take such steps as they should deem necessary to 
accomplish this object. On the 4:th of June, a few days after 
these appointments were made, the Council, by the advice of 
their committee, directed Josiah Willard, the Secretary of the 
province, to write to Mr. Bollan, the agent for Massachusetts in 
England, in order to learn what course should be pm-sued with 
the Board of Trade. Letters were sent on the 25th, but no 
answer being received, the Secretary, on the 27th of Decembei', 
1753, again wrote for instructions. Li the latter communica- 
tion, he stated that Massachusetts had defended the lands west 
of Connecticut river, for one hundred years past, at an expense 
probably of £100,000 sterling ; that at one of the best forts in 
the government, standing about twenty-five miles east of Hud- 
son river,f she had kept a garrison of forty men during the war, 
and had retained men in pay ever since the peace ; that she 
had been long expecting a reimbursement of the charge for 
supporting Fort Dummer, and defending the other parts of the 

* Hoyt'a Indian Wars, pp. 271-282. f Fort Masaacbusetta. 



80 HISTOET OF EASTERN VERMONT. [1Y65. 

frontier of " what is now called New Hampshire ;" and that the 
order of his Majesty in Council in 1744 was conditional, either 
that Massachusetts should be reimbursed her charges, or that 
the fort with a proper district of land contiguous should be 
assigned her. Referring more particularly to that order, the 
Secretary remarked in conclusion, that the Fort and a few 
miles of country around it, so far from being an adequate com- 
pensation for the expense the province had incurred, were so 
much the contrary, that she would rather esteem them a bur- 
den, as thereby she would not only lose all the past expenses, 
but be subjected also to a constant future charge. On the 12th 
of August, 1765, the subject was again discussed before the 
Council of Massachusetts, and Thomas Hutchinson and William 
Brattle, with such persons as the House might add, were 
chosen " to prepare the draft of a memorial and petition to his 
Majesty, therein giving a full representation" of the affair, and 
praying for a speedy reimbm-sement of the charges which had 
been paid by the province. Tims did Massachusetts from 
year to year repeat her attempts to obtain what was due her 
for her services and expenditures. But her efforts were foiled 
by the vigilance of the 'New Hampshire agents, and her object 
rendered more and more unattainable by delay.* 

• Various M§S. Mass. Council Records, sxL 316. 



CHAPTER lY. 

THE FRENCH WAS,. TOWN SETTLEMENTS. 

Command of Fort Dummer given to Nathan "Willard — Complaint against him — 
Indians in ambush — Attempt to construct a Military road from Charlestown to 
Crown Point — Rangers at Hinsdale's Fort — Capt. Burk — Incursion at Charles- 
town — Capture of Mrs. Moore of Brattleborough — Robert Rogers, the distin- 
guished Ranger — Events at the close of the French war — Destruction of St- 
Francis — Sufferings of Rogers's party on their return — Land route from Con- 
necticut River to Lake Champlain — Conquest of Canada by the English — 
Peace restored — Grants by Governor Benuing Wentworth — Westminster char- 
ter renewed — Settlement of Towns on Connecticut River — Putney — Halifax — 
Marlborough — Wilmington — New Fane — Rockingham — ^Townshend — Hinsdale. 

Although hostiKties had been continued in the provinces 
during the jear 1755, war was not formally declared between 
England and France until the beginning of the year 1756. 
Several expeditions were partially planned, yet little was done 
during the campaign in the way of regular warfare. Means 
were taken as in former years to defend the settlements along 
the Connecticut. Small forces were posted by Massachusetts 
at Charlestowu and on Ashuelot river in New Hampshire, also 
at Northfield, Greenfield, Deerfield, Fort Massachusetts, and at 
the stations in the Massachusetts cordon. The garrison at Fort 
Dummer having become reduced to three men, Capt. Nathan 
Willard, who was stationed at that post, made known his condi- 
tion to the Massachusetts Legislature, and asked for aid. By a 
vote of the House, passed April 8th, nine men were placed 
under his command, and an allowance was made for their sup- 
port from the funds of the province. Besides the garrison, the 
fort was at that time inhabited by several families. Ko sooner 
had Willard obtained an increase of his force, than he com- 
menced a pitiful persecution against these families whom he 
had been appointed to protect. They, unwilling to increase the 
disturbance by resistance, endured his conduct in silence for a 

6 



82 HISTORY OF EASTERN VERMONT. [1756. 

reasonable time, but finding that he was not inclined to change 
his treatment towards them, except for the worse, they, on the 
lYth of May, memorialized the General Com-t of Massachusetts, 
in these words : — 

" The command being given to Nathan Willard — we will a 
little acquaint your honours of the managements and carryings 
on in said fort, and that in several articles, and, 

" First ; as to all the Willards' swearing against the province 
in favom* of New Hampshire. 

" Secondly ; as to their selling the province stores, both of 
powder and lead to Hampshire forts, as also to Hampshire 
soldiers. 

" Thirdly ; as to the province guns lying about in y® said 
fort, the locks in one place and the barrels in another, and two 
or three of them that are half eat up with rust. 

" And as your honours have been pleased to allow nine men 
to that fort until y^ 10th day of next June, under the comand 
of Captain Nathan Willard, he has put in Oliver Willard, 
Wilder "Willard, William Willard, and as there are four large 
Province Houses in y® fort, these four Willards have each of 
them an house. 

" And as Capt. Nathan Willard has a large province house 
to himself, and has turned all the rest of the families into two 
small rooms, in which families are five soldiers ; — for by repair- 
ing the province houses a little, makes them their own. 

" And as there are four acres of land allowed in y^ Hamp- 
shire charter for the benefit of y® said fort, they keep all the land 
to themselves, and will allow but a small garden spot to the 
rest of the soldiers, — as their treatment is so hard of y® soldiers, 
and y^ distressed inhabitants who are obliged to flee thither for 
shelter in these distressing times, with us, we have thought fit 
to make y® above representation of facts, which we are ready 
to prove true. 

" Our distresses are great for which we begg your honours 
compassionate consideration, and relief, and as in duty bound 
shall ever pray."* 

There is no doubt that this petition was answered to the 
satisfaction of those who presented it, for Massachusetts was ever 

* This memorial was signed by Capt. Fairbank Moore, Benjamin Moore, Fair- 
bank Moore Jun., Robert Cooper, Anson Cooper, John Kathan, John Kathan 
Jan., Daniel Shattuck, Daniel Shattuck Jun., Joshua Cooper, Gideon Shattuck 
MSS. in office Sec. State, Mass., Ixxv. 547 



1756.] CONTTNTTED ASSAULTS OF THE ESTOIAifS. 83 

generous in defending not only her own frontiers, but those of 
other provinces ; and at this period especially, the fear of exter- 
nal foes admitted not the toleration of any internal enmities or 
jealousies. 

The necessity of preparation was soon after made evident by 
the commencement of the annual incursions of the Indians. 
In June they took Josiah Foster with his wife and two children 
from Winchester, New Hampshire, and not many days after, 
Lieut. Moses Willard was killed, and his son wounded near the 
fort of Charlestown. During the summer several acts of hosti- 
lity were committed in the neighborhood of Fort Massachusetts, 
and in the majority of cases, the plans of the Indians were 
attended with success. At a place called the Country farms in 
the north part of Greenfield, they attacked a party of five men 
on the 12th of August^ while at labor. Of these only one 
escaped, two of the others being killed, and two captured.* 
On the 20th of the same month, as Zebulon Stebbins of Hins- 
dale, and Reuben Wright were returning from Northfield on 
horseback, they discovered a party of Indians in ambush, who 
fired on them, and wounded Wright. The two men then re- 
treated some distance, but the Indians still pressing on, Steb- 
bins turned upon them, received their fire, and returning it 
wounded one of them. This checked their pursuit, and enabled 
both Wright and Stebbins to make their escape. A good result 
was effected by this event, as it placed the people in the 
vicinity on their guard, and prevented the capture of several 
persons for whom the Indians were lying in wait. Many 
depredations were committed in the frontier towns before the 
close of the season, and the inhabitants of those places most 
exposed, were kept in a state of continual alarm by the reports 
of Lidiau vindictiveness and cruelty, which were constantly 
saluting their ears, and which in some instances were corrobo- 
rated by the scenes they had witnessed. 

Early in the spring of this year, the government of Massa- 
chusetts had been engaged in discussing the feasibility of con- 
structing a road between a point on the right bank of Connecti- 
cut river, opposite Charlestown, and a point on the right bank 
of Lake Champlain opposite Crown Point, for the purpose of 
facihtating military operations in that quarter. As the result 

* A detailed account of this event and of others sunilar is given in Hoyt's 
Indian Wars, pp. 284, 285. 



84: HISTORY OF EASTERN VERMONT. [1756. 

of these deliberations, the following vote was passed in the 
House of Representatives on the 10th of March, and met with 
the approbation of the Governor and Council. " Whereas it is 
of great importance that a thorough knowledge be had of the 
distance and practicability of a communication between Num- 
ber Four on Connecticut river and Crown Point ; and that the 
course down Otter creek to Lake Champlain should be known 
— therefore voted, that his Excellency the Governor be, and he 
is hereby desired as soon as may be, to appoint fourteen men 
upon this service, seven of them to go from said Number Fom*, 
the directest course to Crown Point, to measure the distance, 
and gain what knowledge they can of the country ; and the 
other seven to go from said Number Four, to Otter creek afore- 
said, and down said creek to Lake Champlain, observing the 
true course of said creek, its depth of water, what falls there are 
in it, and also the nature of the soil on each side thereof, and what 
growth of woods is near it. Each party of said men to keep 
a journal of their proceedings and observations, and lay the 
same, on their return, before this Court. They to observe all 
such directions as they may receive from his Excellency. One 
man in each party to be a skillful surveyor, and the persons 
employed, shall have a reasonable allowance made them by 
the Court for their services." 

A plan was also proposed during the summer for building a 
strong fort on the high lands, between the sources of Black 
river and Otter creek. A military post at that place was deemed 
important, as it would aiford an opportunity of hindering the 
enemy in their advances from Lake Champlain, facilitate ope- 
rations against them at Ticonderoga and Crown Point, and 
afford a convenient station for scouting parties from Connecti- 
cut river. 

The route which had engaged the attention of the govern- 
ment of Massachusetts, had not escaped the notice of Lord 
Loudon, the commander-in-chief of the English forces, who also 
desired that it might be carefully surveyed and marked, and 
the result reported to him. Col. Israel "Williams, upon this 
request, drew up a topographical sketch and description of the 
country, compiled from the journals and notations of oliicers 
who had traversed it at the head of scouting parties. This 
survey he communicated to his lordship. In order to carry out 
the provisions of the General Court, Williams was further 
directed to make a more accurate examination of the country 



1750, 1757.] burk's eajs^gers. 85 

with tlie assistance previously voted, and to give such additional 
information as might seem to him necessary. Owing to the 
number and hostihty of the Indians in that region, the attempt 
proved too hazardous for accomplishment. Surveys were, how- 
ever, made as far as the height of land, but the construction of 
the road, and the design of building a fort at a point so remote 
and so little known, was abandoned.* 

Massachusetts had learned that her best policy was to raise 
the nsual forces at the commencement of the year, without 
waiting the requests of defenceless towns and ahnost abandoned 
garrisons. Such was the course she pursued in the year 1757. 
In addition to the garrison troops, " one hundred men were 
employed on the eastern frontier, and forty-five under a captain 
and lieutenant, on the west side of Connecticut river, to range 
the woods north of FaUtown." Tlie latter company — known 
as Rangers — under the command of Capt. John Burk,f were 
stationed at Hinsdale's fort, on the east bank of the Connecticut. 
During the month of March they made frequent marches 
throiigh the neighboring country for the purpose of discovering 
concealed Lidians. Their course was sometimes along the 
main stream of West river, and again by its south or west 
branches. Not unfrequently they ascended to the top of "West 
river mountain, there to watch for the smoke of the enemy's 
camp fires. Orders were given to the Commissary General to 
provide these scouting parties with snow-shoes and moccasins, 
the better to enable them to perform their toilsome labor. 

The most important incursion of the enemy on the western 
frontier during the year, was made at Charlestown in the spring. 
A body of French and Indians attacked the mills in that place, 
and captured Samson Colefax, David Farnsworth, and Thomas 
Adams. The alarm having been given by the firing, the 
inhabitants repaired to the mills, but finding the enemy too 
numerous for them, retreated without venturing a blow. The 

* Hoyt's Indian "Wars, pp. 286, 287. Mass. Court Records. 

f Captain Burk was present at the siege of Fort William Henry in August, 
1757, and belonged to the Massachusetts regiment, commanded by Col. Frye. 
After the capitulation, " he was seized, and after a vinlent struggle, was stripped 
of the whole of his clothes, and afterwards escaped into the woods. Straying in 
various directions, he was overtaken by darkness in the margin of a morass, and, 
unable to direct his course, lay down in the thick grass and passed the night, 
covered only by the damp vapor of the swamp. The next day he renewed his 
march, and fortunately arrived safely at Fort Edward." — Hoyt's Indian Wars, p. 
292. 



86 HISTORY OF EASTERN YEEMONT. [1758. 

enemy tlien burned the mills and departed, taking witli them, 
in addition to the other prisoners, Thomas Robbins and Asa 
Spafford, whom they met returning from hunting. Farnsworth 
and Robbins, after being in Canada some time, returned ; the 
others died there. About the same period, a man was wounded 
near Rice's Fort, in Charlemont, With these exceptions, the 
frontiers remained in comparative quiet. But the English were, 
nevertheless, suffering in another quarter, for the surrendry of 
Fort William Henry to the French — that deadly and decisive 
blow of the campaign — afforded them a melancholy subject of 
contemplation. For many years, scarcely able to maintain 
what was deemed justly their own, they, by this event, lost one 
of their most important posts, and the flower of their soldiery,* 
At the beginning of the year 1758, the British government, 
in order to repair the disasters of the preceding campaign, 
determined to employ a formidable force against the French, 
both by sea and land. The provinces of Massachusetts, Con- 
necticut, and New Hampshire, voted levies to the number of 
fifteen thousand men ; and this army, increased by a fleet and 
a large land force from England, aroused the spirits of the 
colonists, by the confidence which power and skill inspire, and 
awakened within their breasts the expectation of success. For 
the defence of her own frontiers, Massachusetts made the usual 
provision, while New Hampshire, changing the method upon 
which she had so long acted, voted men and supplies for the 
protection of the forts within her own boundaries, which had 
before been maintained by the magnanimity of the Bay Pro- 
vince. The incursions on the frontiers were not so frequent this 
year as on former occasions, but commenced early in the season- 
At midnight, on the 6th of March, a party of Lidians attacked 
the house of Capt. Fairbank Moore, situated on West river, 
in the township of Brattleborough. Having surrounded the 
building, they burst in the door, and killed and scalped Capt. 
Moore and his son, but not mitil one of their number had been 
slain, and several wounded. Mrs. Moore, the wife of the son, 
and the mother of four children, the youngest of whom was 
but three or four weeks old, aroused by the yells of the savages, 
and scarcely knowing what she did, sprang from the bed, and 

* Accounts of the capture of Fort William Henry by the French, are given in 
Hutchinson's Hist. Mass. Bay, i. 316; Williams's Hist. Vt., i. SY 6-401 ; Life of 
Putnam in Humphrey's Works, pp. 250-266; Carver's Travels, pp. 181-186; 
Hoyt's Indian Wars, pp. 288-295 ; Belknap's Hist. N. H., ii. 298-300. 



1758.] CAPTIVITT OF MES. MOOEE. 87 

hastily drew on three pah-s of Capt. Moore's long stockmgs, 
which in the event were the means of preserving her life. 
Snatching up the baby, and the child next in age, she endea- 
vored to escape, she knew not whither, by taking a sled-path 
in which her husband had been drawing wood the day before. 
She had gone but a short distance, when the Indians overtook 
her and brought her back. They then searched for portable 
provisions, and having found a quantity of beans, mixed them 
with about twenty pounds of tallow, and boiled them in it. 
This compound being cooled, was put in sacks, and served them 
for food on the road. Mrs. Moore was then provided with 
snow-shoes, her babe was committed to her own care, the house 
was burned, and the party set out on their long march, the 
children being led or carried by the Indians. They reached 
Fort Ticonderoga in safety, on the tenth day after their depart- 
lu'e, havino; crossed the Green Mountains in the most inclement 
season of the year. Thence Mrs. Moore and her childi-en were 
taken to Montreal, where they remained in captivity until the 
year 1762, when they were all redeemed, and returned to their 
friends.* 

On the 2Qth of the same month, the enemy appeared at Col- 
rain, wounded John Morrison and John Henry, burned a barn, 
and killed several cattle. In the following September, Major 
Bellows discovered a party of Indians numbering about two 
hundred crossing Connecticut river above Brattleborough, and 
advancing towards Ashuelot. No incursions were made at this 
time in the immediate vicinity ; but soon after Asahel Stebbins 
was killed at Charlestown, his wife and Isaac Parker, a soldier, 
taken captive, and a number of cattle feeding in the adjacent 
woods, slaughtered. 

* Hoyt notices this transaction as having occurred in the naonth of September ; 
another account says February. Iloyt locates Mr. Moore's residence in Hinsdale ; 
anotlier account near Fort Dummer. Tlie relation given in the text is, however, 
believed to be correct. The farm on which Mr. Moore lived, is now occupied by 
J^ewman Allen, Esq. To an account of this transaction, which appeared in the 
columns of the Ver7nont Phoanix in the year 184:9, is appended the following 
note: "Mr. Moore and his son, alluded to above as having fallen victims to the 
Indians, are supposed to have been buried near the side of their log-house which 
was burnt. On Monday last, bones believed to have been theirs were found in 
Mr. Allen's barn-yard, covered with about one foot of earth and a board over, 
but apparently with no coffin or box around them. One of the skulls contained 
an ounce bullet, which was nndoubtedly the cause of death." 
Mrs. Moore was a daughter of Capt. John Kathan of Putney 
Consult Belknap's Hist. N. H., ii. 302. Hoyt's Indian Wars, p. 296. 



88 HISTOKY OF EASTERN VEKMONT. [1758, 1759. 

lu regard to the operations of the English on Lake Champlain, 
great had been the anticipations of success at the opening of 
this campaign. The result, however, not only fell far short of 
what had been deemed as almost certain, but for a time brought 
disgrace and ridicule on the soldiers and generals of the Crown. 
Abercrombie was defeated at Ticonderoga by a force far his 
inferior, and it was only the opportune victories of Amherst at 
Louisburg, Bradstreet at Fort Frontenac, and Forbes at Fort du 
Quesne on the Ohio, which availed to restore in the provinces 
that confidence, which, in the spring, had looked forward to the 
defeat of the French, as an event hardly admitting of a doubt. 

On their own frontiers, the governments of Massachusetts and 
New Hampshire still retained in their employ the scouting par- 
ties which had so long been the defence of those provinces. Al- 
though the ranging service brought not the honor acquired in a 
regular or provincial corps, yet it was in this service that Robert 
Rogers, the most celebrated of rangers, learned the details and 
minutiae of Indian warfare which enabled him to conduct the 
expedition against the village of St. Francis, in the following 
year, with the most triumphant success ; it was in this service 
that the mind of John Stark received its lessons of brave sol- 
diery and heroic daring, and liis arm gained that strength which, 
during the Revolution, was so manfully exerted in defence of 
the liberties of his country on the field of Bennington. 

Although it was confidently hoped, at the begiiming of the 
year 1759, that the western frontiers would be relieved from the 
depredations of the Indians by the prowess of the English, the 
theatre of whose exploits was to be in Canada and along the 
borders of Lake Champlain, still Massachusetts, early in the 
year, voted supplies for the defence of her settlements. Her 
ranging parties, and those of New Hampshire, were soon climb- 
ing the mountain, fording the stream, and threading the valley, 
in search, not of deer or wild fowl, but of the human denizens 
of the forest. On the 21st of March, the Indians appeared at 
Colrain, and captured John McCoun and his wife. The latter 
was sacrificed to the cruelty of her captors on the second day's 
march. A party of militia, led by Major Hawley of Northamp- 
ton, started in pursuit, but the enemy were soon at a safe dis- 
tance, and the troops proceeded no further than Greenfield. 

An attempt was soon after made to centralize the regular 
forces. A company of one hundred regulars, that had been 
stationed at Charlestown during the preceding winter, were re- 



1759.] LETTEK FROM MAJOR ROGERS. 89 

moved tlience to the army assembled on the Hudson ; but their 
places were, on the 4th of May, filled by the same number of 
provincials taken from the regiment of Col. Israel Williams, in 
the county of Hampshire. 

Tlie evacuation of Ticonderoga and Crown Point by the 
French, which relieved the western frontiers of Massachusetts 
and ISTew Hampshire from the depredations of the Indians to 
which they had been for years exposed, spread joy thi"Oughout the 
provinces ; and the destruction by Major Rogers, on the 5th of 
October, of the village of St. Francis, situated at the head of 
the river of the same name, completed what had long been the 
ardent wish of the English, and to the accomplishment of which 
their eflbrts had been earnestly directed. To these victories, 
the surrendiy of Quebec and Niagara added, made this the 
most glorious campaign ever conducted by the English on the 
shores of America. 

After the destruction of the village of St. Francis,* Rogers, 
to avoid his pm-suers, determined to return to Crown Point by 
the way of Number Four or Charlestown. Having reached 
Lake Memj^hramagog, and provisions becoming scarce, he 
divided his detachment into small companies ; and having or- 
dered them all to assemble at the mouth of the Upper Amo- 
noosuck river, where he expected to find food, sent them on their 
march. After a journey of several days, he and his party reach- 
ed the point of meeting which had been agreed on. " It is 
hardly possible," wrote he to Gen. Jeffrey Amherst, " to de- 
scribe the grief and consternation of those of us who came to Co- 
hasse Intervales. Upon our arrival there, after so many days' 
tedious march over steep rocky mountains, or through wet, dirty 
swamps, with the terrible attendants of fatigue and hunger, we 
found that here was no relief for us, where we had encouraged 
ourselves that we should find it, and have our distresses allevi- 
ated. Notwithstanding, the ofiicer I dispatched to the General, 
discharged his trust with great expedition, and in nine days ar- 
rived at Crown Point, which was an hundred miles through the 
woods ; and the General, without delay, sent Lieut. Stephens to 
Number Four with orders to take provisions up the river to the 
place I had appointed, and there wait as long as there was any 
hopes of my returning, yet, the ofiicer that was sent being an 
indolent fellow, tarried at the place but two days when he re- 

* An account of this event may be found in Hoyt'a Indian Wars, pp. 302-306. 
Belknap's Hist. N. H., U, 302-305. Williams's Hist. Vt., i. 428-433. 



90 HISTORY OF EASTERN VERMONT. [1759. 

turned, taking all the provisions back witli liim about two hours 
before our arrival. Finding a fresh fire burning in his camp, I 
fired guns to bring him back, which guns he heard, but would 
not return, supposing we were an enemy. 

" Om' distress upon this occasion was truly inexpressible. Our 
spirits, greatly depressed by the hunger and fatigues we had 
already suffered, now almost entirely sunk within us, seeing no 
resource left, nor any reasonable ground to hope that we should 
escape a most miserable death by famine. At length I came to a 
resolution to push as fast as possible towards Number Four, leav- 
ing the remains of my party, now unable to march further, to get 
such wretched subsistence as the barren wilderness could afford,* 
till I could get relief to them, which I engaged to do within ten 
days. I, with Capt. Ogden, one Ranger, and a captive Indian 
boy, embarked upon a raft we had made of dry pine trees. The 
current carried us down the stream in the middle of the river, 
where we endeavoured to keep our Avretched vessel, by such pad- 
dles as we had made out of small trees, or spires split and hewed. 
The second day we reached White River Falls, and very nar- 
rowly escaped being carried over them by the current. Our 
little remains of strength, however, enabled us to land, and to 
march by them. At the bottom of these falls, while Capt. 
Ogden and the Ranger hunted for red squirrels for a refresh- 
ment, who had the good fortune, likewi^je, to kill a partridge, I 
attempted the forming of a new raft for our further conveyance. 
Being unable to cut down trees, I burnt them down, and then 
burnt them off at proper lengths. This was our third day's 
work after leaving our companions. The next day we got our 
materials together, and completed our raft, and floated with the 
stream again till w^e came to Wattockquitcheyf Falls, which are 
about fifty yards in length. Here we landed, and by a weatli;}: 
made of hazel bushes, Capt. Ogden held the raft till I went to 
the bottom, prepared to swim and board it when it came down, 
and, if possible, paddle it ashore, this being om* only resource for 
life, as we were not able to make a third raft in case we had 
lost this. I had the good fortune to succeed, and the next morn- 
ing we embarked, and floated down the stream to within a small 
distance of Number Four, where we found some men cutting 

* Note by Major Rogers: "Tliis was ground nuts and lily roots, which, being 
cleaned and boiled, will serve to preserve life, and the use and method of prepar- 
ing which, I taught to Lieut. Grant, the commander of the party." 

f Otta Quechee. X ^^^ithe. 



1759, 1760.] GENERAL amheest's plans. 91 

timber, who gave us tlie first relief, and assisted us to the fort, 
whence I dispatched a canoe with provisions, which reached 
the men at Cohasse four days after, which, agreeable to my en- 
gagement, was the tenth day after I left them. 

" Two days after my arrival at Number Four, I w^ent with 
other canoes, loaded with provisions, up the river myself, for 
the relief of others of my party, that might be coming on that 
way, having hired some of the inhabitants to assist me in this alfair. 
I likewise sent expresses to Suncook and Pennacook,* upon Mer- 
rimack river, that any who should chance to straggle that way 
might be assisted ; and provisions were sent up said rivers 
accordingly, "f 

Having returned from his expedition up the river, Maj or Kogers 
waited for his men at Number Four, and having collected a part 
of his force, marched for Crown Point. On reaching that station, 
on the 1st of December, he found that he had lost by exposure 
and in other ways since leaving the ruins of St. Francis, three 
lieutenants and forty-six sergeants and privates. 

General Amherst, the English commandei*, having informed 
Governor Pownal of Massachusetts, that his operations would 
effectually protect the frontiers from further incursions of the 
enemy, Col. Israel Williams, by the goverijor's orders, in the 
month of October, discharged the smaller garrisons along the 
Massachusetts cordon, and on the Connecticut river. The 
troops at Charlestown having gone with General Amherst, 
that post, not being deemed liable to an attack, was left unde- 
fended. Forts Dummer and Massachusetts, and the post at 
West Hoosac, were the only stations on the north-west frontiers 
of the province where garrisons were retained.:}: 

Although the strength of the French in Canada had been 
broken, yet the remainder of the season was too short to effect 
the total subjugation of that province. In the summer of 1760, 
General Amherst, in order to bring about this result at one 
blow, laid his plans for approaching Montreal by three differ- 
ent routes. The men under the command of Col. John Goft'e, 
who had been raised in New Hampshire for the service of this 
year, having met at Charlestown, instead of being ordered to 
Crown Point by the way of Albany, were commanded to cut 

* Now Pembroke and Concord. 

f Letter to General Jeffrey Amherst, November oth, 1759, in Journals of Major 
Robert Rogers; London, 1765, pp. 146-168. 
X Iloyt's Indian Wars, p. 307. 



92 HISTOKY OF EASTERN YERMONT. [1760. 

a road across the present state of Yermont, thus opening a 
direct communication by land between Connecticut river and 
Lake Champlain. Tlie road began at Wentworth's Ferrv, two 
miles above the Fort at Charlestown, and was laid out twenty- 
six miles in the course of Black river, as far as the present 
town of Ludlow, where commenced a path which had been 
made the year before by Lieut.-Col. Hawks.* Li this they 
passed over the mountains to Otter creek, thence along the 
borders of that stream in a good road previously constructed, 
to Crown Point. Their stores and baggage were conveyed in 
wagons the first twenty-six miles of the route, and from the point 
where the wagon-road ended, on pack-horses, across the moun- 
tains to the place of destination. By the same course, a drove 
of cattle for the supply of the army, were removed from Charles- 
town to Crown Point, during the campaign. While the JS^ew 
Hampshire regiment were engaged in cutting the road, the trails 
of Lidians were occasionally seen in the adjacent woods, but no 
hostilities followed. Tlie last incursion of the Indians on the fron- 
tiers of New England during the war was at Charlestown, whence 
the family of Joseph Willard were taken and carried toMontreal, 
a short time previous to its investment by the English. 

Atfairs in the .colonies began now to wear a more cheerful 
aspect. Tlie Marquis de Vaudreuil, Governor of Canada, 
finding it impossible to resist the combined forces of Generals 
Amherst and Murray, and of Col. Haviland, offered to capitu- 
late, and the whole province of Canada, on the Sth of Septem- 
ber, became the possessions of Great Britain. Tlius ended the 
war in America, and for the first time since the year 16S9, 
when " King William's war," as it was called, began, was there 
a prospect that peace would be long in its duration and pro- 
tective in its character. Those who had deserted their settle- 
ments at the breaking out of the war, now returned to them, 
and fields which had for a long time lain uncultivated, began 
once more to wave with luxuriant liarvests.f 

The fort on the Great Meadow, which had been rebuilt 
in the year 1755, and which had been occupied as such, since 

* In the " Memoir of General Stark," Concord, 1831, p. 180, it is said, that in 
the spring of the year 1759, Capt. John Stark "was employed with two hundred 
Rangers in cutting a road from Ticonderoga to Charlestown, N. II." It is pro- 
bable that Hawks and Stark were employed on different portions of the same 
general roiite. 

\ Belknap's Hist. N. H., ii. 306, 807. 



1750-1770.] GRANTS BY GOVERNOR WENTWORTH. 93 

that period, was now turned into a dwelling, as were other 
posts in the vicinity, similarly constructed ; but the defences 
being allowed to remain, these buildings were easily convertible 
to their original use. Nor were precautious of this nature 
entirely useless. Although the enemy did not again appear 
in any considerable force, yet during the two or three following 
years the settlers were occasionally alarmed by reports of their 
proximity, and found protection from danger, sometimes, it is 
true, more imaginary than real, in their old fortifications. 

Governor Wentworth, who, on the 3d of January, 1749, had 
chartered the township of Bennington, and from that time until 
the 6th of April, 1754, had made grants of fourteen other town- 
ships within the present limits of Vermont, now commenced a 
course similar but more extensive, by granting the township 
of Powual, on the 8th of January, 1760. Before the close of 
the year 1764, so actively had he been engaged in prosecuting 
his designs, that he had named and sold one hundred and eight- 
een townships, and had given fourteen thousand acres of land 
to reduced officers. This territory included the richest and 
most valuable portions of the land over which New Hamp- 
shire claimed jurisdiction, and left but little of it ungranted. 
The governor's official fees, and a reservation in every town- 
ship of a certain portion of land for his own use and benefit, 
made him one of the richest men in his own province, and put 
him in possession of an abundance of good land, for which he 
rendered no compensation. 

For the purpose of resuscitating the settlement at Westmin- 
ster which had been abandoned. Col. Josiah Willard Jr., for- 
merly of Fort Dummer, obtained a renewal of the charter of 
that town, on the 11th of June, 1760, and notified to the pro- 
prietors* a meeting. In accordance with this notice, " a legal 
meeting of the proprietors of the township of Westminster, in 
the province of New Hampshire," was held on the 4th of 
February, 1761, " at the house of Mr. John Averill, in said 
Westminster," at which Benjamin Bellows, of Walpole, presided 
as moderator. Means were taken to apportion the land satis- 
factorily, and preparations were made for permanent settle- 
ments on the broad and fertile plains which now constitute so 
much of the beauty of that village. At a subsequent meeting 
held May 6th, several valuable lots of land were voted to CoL 

* See Appendix F. 



04 IIISTOKT OF EASTERN VERilONT. [IToO-lTTO. 

Willard, in additiou to those he then held, provided he shoiikl 
build a saw mill and a grist mill within the limits of the town. 
At the same time a tax was laid on the proprietors, in order to 
raise a fund from which to reward him for the various services 
he had rendered them. These efforts to multiply inducements 
to settlers from the older provinces were not without success, 
and Before the close of tTie jear 1766, more than fifty families 
were located in Westminster.* According to the census of 
1771, taken by the order of Governor Dunmore of l^ew York, 
this town was the most populous in that part of the province, 
the whole number of actual residents being four hundred and 
seventy-eight. Tlie charter of Westminster was confirmed by 
the government of New York, on the 16th of March, 1772. 

The charter of the township of Putney had been given by 
Benning Wentworth, governor of New Hampshire, to Col. 
Josiah Willard and others, and bore date December 26th, 1753. 
Settlements had been made on the " Meadows" in Putney, as 
early as the year 171:4, and although they had been broken up 
by the Cape Breton war, yet they had been renewed about the 
time of the granting of the charter. The return of peace 
again gave an impulse to this almost abandoned settlement. 
Pleasantly diversified with the meadow-land and the hill- 
country ; with woods whose recesses were rendered dark at mid- 
day by the towering pine, and the less tall but more exjjanded 
oak, butternut, and elm ; with streams whose devious courses 
afforded a secluded home for the timid trout, or whose waterfalls 
promised encouragement to enterprise — Putney attracted the 
attention of the adventurer winding his way along the Con- 
necticut, and gave him an abode among her woodland retreats. 

* MS. Westminster Records under Massachusetts. 

The conditions on -which the settlers agreed to release to Col. Willard certain 
lands in the township of Westminster, are stated in the following language in the 
MS. volume above named: — "Provided he shall Build a Good Saw ^lill and 
Grist Mill in s** Town, and saw and grind at the usual Price of sawing at the 
Neighbouring Mill, and Grind Likewise at the same Toll Taken at the Neighbour- 
ing Mills. The Saw MiU to be built by the first Day of October next, and the 
Grist Mill in two years if the Town should Desire the same, and [he to] keep the 
said Mills in Repair ten years or Longer or Deliver up s"^ stream for the use of 
the s"^ Proprietors after y® ten years, if he Refuses to Continue to keep s'^ Mills in 
Repair. And it is to be understood that if the stream that is in 6"^ land be not 
sufficient for Constant Water for a Mill, then the said Town is to Provide a stream 
for B'^ ]Slill to be built upon, and Land for the Conveniency of building e^ Grist 
Mill on, or the said Willard to be Exempted from building s^ Grist Mill." 

See also Land Papers in Office See. State, N. Y., vol. xix., under date October 
1st, 1765; vol. xxl, imder date June 25th, 1766. 



1750-1770.] SETTLEMENT OF PUTISnET. 95 

Early in the autmnu of 1762, Lieut. Josliua Hide piircLased 
in Putnej a tract of land lying in the east part of the town on 
the river, comprising twenty-eight hundred acres, and in Decem- 
ber following removed his family, and settled them in a house 
situated about fifty rods south of the spot where Westmoreland 
bridge has since been erected. At this time, with the exception 
of the families on the meadow, there were only two other 
families in the place — those of John Perry, and Philip Alexander, 
who lived not far from the river. There was no saw nor grist 
mill in town, and the grain for their daily bread was for several 
years carried for grinding either to ISTorthfield, Massachusetts, 
or to Chesterfield or Westmoreland, JN'ew Hampshire. In 176'al, 
Joshua Parker purchased land in Putney, and soon after drove 
the first cart which had ever appeared in town, through the 
main street to the north end of it, where he had fixed his 
residence. Although he removed his family from Canterbury, 
Connecticut, in October, yet he located them for the winter 
in Westmoreland for the convenience of mills, and did not settle 
permanently in Putney until March, 1765. A saw mill and a 
grist mill were soon after put in operation, and the settlers 
were thus relieved from several of their greatest embarrass- 
ments. Meantime, Henry Walton, James Cummings, and 
Moses Johnson had erected dwellings on the street, and Ben- 
jamin Hutchins and Samuel Skinner in the eastern part of the 
town. Before the middle of the year 1765, the number of 
families had increased to fifteen. 

Few though they were in numbers, yet they forgot not the 
worship of God ; and meetings for this purpose, held for several 
years at the house of Joshua Parker, by whom they were con- 
ducted, or in the barn of James Cummings, and afterwards, 
when the settlers had become more numerous, in more conve- 
nient places, served to cherish in their breasts the spirit which 
they had brought from their native provinces — a spirit derived 
from the Puritan, but pruned of the severity, dissimulation, 
bigotry, and intolerance, which were too often manifest among 
those who bore that venerated name. In 1768 ISToah Sabin of 
Rehoboth, Massachusetts, afterwards distinguished in the annals 
of Cumberland county, removed to Putney. The town was char- 
tered by New York on the llth of Kovember, 1766, and on the 
8th of May, 1770, it was organized, and town officers were chosen.* 

* From two MS. " Historical Sermons," preached at Putuey, by the Kev. E. D. 



96 HISTORY OF EASTERN VERMONT. [1750-1770. 

The township of Hahfax, the second in the state gi-anted by 
New Hampshire, was chartered on the 11th of May, 1750. At 
the instance of Oliver Partridge, one of the principal grantees, 
it was divided into sixty-four equal shares, and the lot of each 
owner was marked at the corners with " lasting boundaries." 
In the centre of the town was a large space of a hexagon shape 
taken from the surrounding lots for public uses. Settlements 
were commenced in 1751, but those who undertook them were 
not able to prosecute their plans on account of the hostility of 
the Indians. After the reduction of Canada, the proprietors of 
more than forty lots renewed their exertions " with good pro- 
Andrews, on a Fast-Day, in the year 1825, which have afforded the materials for 
the paragraphs in the text relative to that town, the following additional par- 
ticulars are extracted: — "In the year 1768 there were on the street, besides the 
families before named, William Wyman's, settled near the house now occupied by 
Captain Ash ; Charles Kathan's, near Dr. Campbell's place ; and Amos Haile's. 
West of the street there were but three families, viz. John Butler's, where Peter 
Blood now lives ; Michael Law's, where Aaron Houghton now lives ; and Dennis 
Locklin's, on the farm now owned by the lion. P. White, forty or fifty rods in the 
field south of his farm-house. East of the mouth of Sackett's Brook there were 
four families, viz. Jonas Moore's, where Abel Hubbard now lives ; Leonard Spaul- 
ding's, near B. Reynolds's ; Fairbank Moore's, on Timothy Underwood's farm ; and 
Samuel Allen's, on the farm of Jonas Keyes Jr. At that time there was no road 
fi'om the Great Meadow to the street, except on the bank of the river as far as 
Kathan's ferry, and thence up to the street. The valley through the middle of 
the town was then chiefly a wilderness. 

"In 1768 the Hon. Noah Sabin built the first framed house, on the ground 
nearly opposite Deacon Taft's ; and the building is now a part of the store of 
Leavitt and Crawford. The same year Amos Haile built a framed house, oppo- 
site the house now occupied by the Hon. Theophilus Crawford. James Cum- 
mings built the house where Abel Haynes lives, and Charles Kathan also built on 
the spot where Mrs. McLellan lives, near Dr. Campbell's. Not long after, Moses 
Johnson built the first two story house on the street — the house now occupied 
by Elijah Blake, thirty rods north of the meeting-house. The first saw-mill was 
built on the site of the paper-mill in 1765 or 1766. The first grist-mill was built 
by Deacon Minott, where Minott's mills now stand, in the year 1766. The second 
grist-mill was built by Jonathan Houghton about the year 1769. It was situated 
fifteen rods east of the paper-mill, on the site where Newell Moore's blacksmith 
shop now stands. The first clothing-works were built in the east part of the 
town by Capt. Roswell Parker in the year 1785. The first blacksmith, who 
worked in town, was Capt. Daniel Jewett. He commenced about the year 1773. 
The first store was opened about the j-ear 1770, by Peter Wilson, a little west of 
the house of the Hon. John Noyes, and here was the first tavern. The second 
store was opened by Charles Chandler, twelve rods south of the meeting-house, 
about the year 1783. Tlie first meeting-house was built in 1773." 

Many changes have taken place since the Rev. Mr. Andrews collected these 
mimite details of the early settlement of'Putney, but it was supposed they might 
still possess some interest to those curious in preserving the grains of local history, 
and for that reason they have been here inserted. 



1750-1770.] SETTLEMENT OF MARLBOROUGH. 97 

ficiency," and altlioiigli the township consists ahnost entirely of 
" mountainous lands," and was then very heavily " loaded with 
timber," yet the proprietors were sanguine that their settlement 
would at some future period " prove beneficial to the public." 

The township of Marlborough, after having been chartered by 
New Hampshire by that name, on the 29th of April, 1751, and 
again on the 21st of September, 1761, was chartered as New 
Marlborough, on the 17th of April, 176-4. The prefix being dis- 
liked, was dropped by the consent of most of the inhabitants, the 
original name only being retained. The first two charters were 
granted to Timothy Dwight of Northampton and his associates, 
the third to Charles Phelps and his associates. Phelps, as the 
principal grantee, was directed to call town-meetings in accord- 
ance with the conditions of the third charter. Under the firet 
charter the outside lines of the town were nin and the corners 
set in 1752, but owing to the French war the grantees were 
unable to comply with the requisitions of their charter, and for 
this reason it was forfeited. On the renewal of the charter 
means were taken to eifect a settlement, and in May, 1762, the 
town was laid out by Joseph Allen Jr., surveyor, and Eliphaz 
Clap, Oliver Brigham, Joel Strong, and Timothy Parsons, 
chaimnen.^ 

Tlie first actual settler was Abel Stockwell, who, in the spring 
of the year 1765, removed with his family from "West Spring- 
field, Massachusetts. Entering by the road passing through 
Brattleborough, he established himself in the eastern part of 
the town, on the farm since occupied by Luther Ames. The 
first tavern in town was opened and kept by Stockwell.f 
Francis Whitmore with his family from Middletown, Connecti- 
cut, commenced the second settlement. He came in by the 
way of Colrain and Halifax, and chose for his location the farm 
which was afterwards occupied by his gi-andson, Levi Barret. 
Although his entrance succeeded that of Stockwell but a few 
weeks, yet the two lived nearly a year within a few miles of 



* Petitions from Oliver Partridge and others, dated Ifovember 12th, 1764, 
October 7th, 1765, and August 5th, 1766; also from Charles Phelps and his asso- 
ciates, dated October 15th, 1765, and October, 1766, in Land Papers, in ofBce 
Sec. State, N. Y., toIs. xvii., xx., xxi. Records in To-wn Clerk's office, Marl- 
borough. 

f The first birth in Marlborough was that of Aaron Stockwell, son of Abel 
Stockwell Jr. and Patience his wife, which took place July 9th, 1768. Abel 
Stockwell Jr. was the son of Abel Stockwell, the first settler. 

7 



98 mSTOKY OF EASTERN VERMONT. [1750-1770. 

one another without becoming acquainted, each supposing that 
his own family was the only one in the town. On accomit of 
their distance from other settlements, the families suffered 
severely from the want of the necessities and conveniences of 
living. Capt. "Whitmore was accustomed to bring all his 
grain on his back, through the woods, from Deerfield and Col- 
rain, a distance of from twenty to thirty miles. "With difficulty 
a cow was kept through the first winter, upon browse and wild 
grass gathered in the preceding summer. During another 
winter, Capt. Whitmore supported his oxen with the hay he 
had previously cut from a beaver meadow.* To this spot he 
di'ove his oxen at the commencement of the cold weather, built 
for himself a camp, and there remained performing the duties 
of an oxherd until the following spring. Tlie winter of the 
year 1765 was a lonely one to Mrs. Whitmore. Her husband 
pursuing, his calhng as a tinker, was absent in the older settle- 
ments, earning something for the support of his family. During 
the short unpleasant days, and the long, cheerless nights of that 
dreary season, she saw no human being but her little daughter. 
Once, it is true, a party of hunters visited her dwelling in their 
wanderings, but the shortness of their stay only added to her 
loneliness. In this situation she displayed that force of mind, 
and power of contrivance, which in a more public situation 
would have earned for her the name of a heroine. Her hands 
were not employed in performing simply the lighter duties of 
the household. In order to supply her fire with fuel she felled 
the trees of the forest, and on the twigs which the branches 
aftbrded she supported her little stock of cattle. She procured 
water for them, and herself, and daughter, by melting snow, it 
being easier to pursue this method than to seek for the springs 
through the deep snow. In this manner she spent the winter, 
and although her sufferings were occasionally severe, yet con- 
stant employment left her but little time for unavailing com- 
plaints.']' 

* TTiis meadow is now covered with a mill-pond. It is situated about half a 
mile north of the meeting-house, on the west side of the New Fane road. 

■j- " Mrs. Whitmore was exceedingly useful to the early settlers, both as a nurse 
and midwife. She possessed an uncommonly strong constitution, and frequently 
travelled through the woods upon snow-shoes, from one part of the town to 
another, both by day and night, to relieve the sick and afflicted. On one occasion 
in the night, she went on show-shoes through the woods, keeping the path by 
the assistance of blazed trees, from her own house to that of CoL William 
Williams, situated at the mills known as the Underwood mills, a distance of not 



1T50-1YY0.] TOWNSHIP OF NEWFANE. 99 

In 1764:, the year following the arrival of Stockwell and 
"Whitmore, Charles Phelps, a lawyer from Iladlej, Massachu- 
setts, removed with his family to Marlborongh. He and his 
sons Solomon and Timothy, though men of eccentric mental 
conformation, bore a prominent part in the history of the 
country, and their names will be frequently met with on these 
pages. A begimiing having been made, the population of the 
town increased gradually, and before the close of the year 
1766, the number of settlers amounted to twenty-seven.* 

The town of "Wilmington was chartered by New Hampshire, 
by that name, on the 29th of April, 1751, to Phinehas Lyman 
and fifty-seven others. As the conditions of the grant were 
not fulfilled by the grantees, the charter, by its own provisions, 
became void. When the town received its second charter from 
Xew Hampshire, on the 17th of June, 1763, its name was 
changed to Draper, and its proprietors were His Excellency 
Francis Barnard and sixty-six others. The name Draper being 
disliked, the old name of Wilmington was subsequently revived 
by the common consent of the inhabitants, and has been re- 
tained to this day. Before the close of the year 1765, seven 
families had become mhabitants of the township, and others not 
yet residents had cleared and improved many acres of land. 
Although these inceptive measures gave promise of enterprise 
and activity, there were but seventy-one inhabitants in tlie 
town, in the year 1771. 

By the name of Fane, the township now known as Newfane, 
was granted by New Hampshire on the 19th of June, 1753, to 
Abner Sawyer and sixty -seven others, his associates, many of 
whom were inhabitants of Shrewsbury, Massachusetts. At- 
tempts were made in the following year to comply with the 
terms of the charter, by clearing a certain amount of land and 
allotting it in severalty, but the state of the times forbade a suc- 
cessful prosecution of the work, and the charter was forfeited. 
A new charter was issued by New Hampshire, on the 3d of 

less then six miles. Capt. Whitmore died May 31st, 1790, aged about seventy 
years. Mrs. Whitmore was afterwards married to Isaac Pratt, an early settler, 
from Shrewsbury, Massachusetts. She died after a lingering sickness, Slay 24th, 
1814, at the advanced age of eighty-seven years. During her life she officiated 
as midwife at more than two thousand births, and never lost a patient." MS. 
History of the Town of Marlborough, by the Rev. Ephraim H. Newton, written in 
1824. 

* Thompson's Vt. Gazetteer, p. 174. Thompson's Vt., Part III., pp. 110, 111. 
Appendix to Deming's Catalogue, p. 159. 



100 HISTORY OF EASTERN TERMOIH'. [1750-1770. 

l^ovember, 1761, to Benjamin Flagg and sixty-four other gran- 
tees, and its present name was given to the toivn.* Li May, 

1766, a settlement was commenced by Deacon Jonathan Park, 
Nathaniel Stedman, and Ebenezer Dyer, who emigrated from 
Worcester county, Massachusetts. "For several years, they suf- 
fered all the hardships and privations incident to the settlement 
of a new country. Without roads, horses, or oxen, they were 
under the necessity of conveying, by their own strength, all their 
provisions from Hinsdale, a distance of twenty miles, through a 
pathless wilderness." Lucy, a daughter of Deacon Park, whose 
birth took place on the 15th of August, 1769, was the first child 
born in the town. 

That the township which now bears the name of Rocking- 
ham was first granted by Massachusetts, is not a fact establish- 

* On the loth of July, 1Y65, Ebenezer Morse, Ephraim Doolittle, and Job Gush- 
ing, a committee of the proprietors of the township of New Fane, sent from 
Shrewsbury, Massachusetts, a memorial to Lieut. -Governor Cadwallader Golden, 
of New York, containing an account of the situation of the township of New Fane. 
Referring to the second charter issued by New Hampshire, they said : " Your 
petitioners have, agreeable to the demands of said Chartei", made all possible 
efforts in order effectually to settle said Lands so granted, and have already ex- 
pended Six Dollars upon Each Right or Share, in making Publick Roads, and in 
other Publick Services, and cleared upon the several Lots in said Township more 
than fifteen hundred acres of Land (as we judge), and were vigorously prosecut- 
ing the settlement of said Township, When Your Honor Issued a Proclamation, 
Laying Glaim to all the Land West of Gonnecticut River (then chartered out by 
the Governor of New Hampshire) as belonging to the Government of New York." 
They also stated that the doubts which had arisen in their minds in regard to the 
validity of the New Hampshire charter, had retarded the settlement of the town- 
ship. In order to remove all obstacles, they asked for a confirmation grant ; and 
that they might not be compelled to pay more than the usual fees, they prayed 
that the confirmation might be made before the stamp act should become obliga- 
tory. For a long time, no notice appears to have been taken of this petition, and 
when, finally, the attention of the Governor was directed to the subject, instead 
of confirming the New Hampshire charter, he, on the 11th of May, 17Y2, made a 
grant of the township to " Walter Franklin and twenty other persons, principally 
residing in the city of New York." On the day following this transaction, Frank- 
lin and his associates conveyed their right to Luke Knowlton and John Taylor 
of Worcester county, Massacliusctts. The titles to all the land in Newfane are by 
consequence derived from the New York charter. In the conveyances which 
were made to Knowlton, allowance was, without doubt, made for the lands which 
he then owned in the township. That his title to a portion of the lands ante- 
dated that derived from Franklin, appears by a memorial presented to Governor 
Moore of New York, dated Jan. 28th, ITGT, in which it is stated, that at that 
time New Fane was partially settled and improved, and that Knowlton held 
land there of which he had got possession, by deed. — New York Colonial MSS.. 
Land Papers, May 2d, 1765, vol. xviii. ; July 10th, 1765, vol. xix.; January 2Sth, 

1767, vol. xxii. ; Thompson's Vermont, Part III., p. 126. 



1750-1770.] THE OLD TOWNSHIP OF HINSDALE. 101 

ed bejond dispute. There is, however, a strong presumption 
that at the time when AV^estmiuster was granted, by the name 
of " Number One," Rockingham received similar privileges 
from Massachusetts, under the name of " J^umber Two." Pre- 
vious to the year 1750, the township was known as Goldens- 
town. A. charter having been obtained from l!Tew Hampshire 
on the 28th of December, 1752, a settlement was commenced 
in the following year by Moses Wright, Joel Bigelow, and Si- 
meon Knight, who emigrated from Massachusetts. Like other 
towns, similarly situated, it was deserted during the war which 
soon after followed, and on the restoration of peace was organ- 
ized about the year 1760. " The attention of the first settlers 
was principally directed to fishing for salmon and shad, which 
were then taken in great abundance at Bellows Falls. For this 
reason, agriculture was, for many years, much neglected, and 
the settlement advanced very slowly." ISTotwithstanding these 
drawbacks, Michael Lovell and Benjamin Bellows Jr., two of 
the principal proprietors, declared, in the year 1765, that there 
were at that time twenty-five families settled in the town, and 
further, that they had made sufficient improvements to fulfil the 
conditions of their charter. 

Townshend, although chartered by New Hampshire on the 
20th of June, 1753, was for many years unvisited and uninha- 
bited. In the year 1761, the first settlement was commenced by 
Joseph Tyler of Upton, Massachusetts. He was soon joined 
by John Hazeltine, and others from the same town; but of the 
progress which they made in reducing the wilderness and in 
advancing the growth of the ncAv settlement during the six 
years succeeding the close of the war, there are no means of 
judging. 

The old township of Hinsdale,* which included lands on both 
sides of the Connecticut, was granted by Massachusetts at a 
very early period. Even after the river had been declared the 
boundary line between the provinces of New Hampshire and 
New York, and the township had in this manner been divided, 
the different parts, although under distinct organizations, still 
retained their original name, and were thus known until the 21st 

* It derived its name from the Rev. Ebenezer Hinsdell or Hinsdale, -who was 
probably one of the original proprietors. This excellent man, of whom an account 
has already been given, served for many years as chaplain to the neighboring 
garrisons, and by his sound judgment and excellent counsels, wielded a healthful 
influence over all with whom he was brought in contact. 



102 HISTORY OF EASTEEN VERMONT. [1750-1770. 

of October, 1S02, when the name of Hinsdale, in Yermont, 
was changed to that of Vernon, The date of the fii'st grant is 
not accurately known. In a petition, still extant, from Samuel 
Hunt, by his attorney Oliver Willard, which was presented to 
the provincial government of ]S[ew York on the 3d of Novem- 
ber, 1766, it is stated, that the tract of land comprised in this 
township, " was purchased of the native Indians and granted 
by the jDrovince of the Massachusetts Bay, near one hundred 
years ago, and soon afterwards cultivated and settled ; and that 
it was afterwards found to be in the province of New Hamp- 
shire, and was then confirmed to the proprietors by power dated 
the 3d of September, 1753." The " power " referred to, was the 
charter issued by Governor Benning Wentworth, by which the 
township of Hinsdale, including land on both sides of the Con- 
necticut, was regranted to Ebenezer Alexander and ninety-four 
others. An alteration was made in this charter or a new one 
was issued on the 26th of September, 1753, by which the grant 
was divided into two towns. The west bank of the river 
formed the line of separation, and each town was known as 
Hinsdale, Portions of the town since known as Yernon were 
subsequently cliartered by New York, under the names of Hins- 
dale and Fall Town Gore. 

In a "Narrative of the Controversy" between New York 
and New Hampshire, by Ethan Allen, reference is made to 
the early history of Hinsdale in these words : " This township 
had first been granted by the government of the Massachusetts 
Bay, and upon the settlement of the boundary line between 
the Massachusetts Bay and New Hampshire in 1739, it fell 
within the latter, and by that government was granted and 
fully ratified to the inhabitants and proprietors, who, in addi- 
tion to their title, had also the Indian right." The earliest 
inhabitants were emigrants from Northfield and Northampton, 
Massachusetts. They encountered with spirit and resolution 
the dangers to which they were exposed from their enemies, 
the Indians, and some of the incidents in which they were 
participants have already been recorded. Previous to the 
Ejng's decision of the boundary line between New York 
and New Hampshire, which decision was made on the 20th 
of July, 1764, the Eev. Bunker Gay was settled at Hins- 
dale, in the " work of the gospel ministry." As " an encou- 
ragement" to him in his labors, "the inhabitants of Hinsdale, 
then living on both sides of Connecticut river, voted " to give 



1T50-17Y0,] THE EEV. EUNKEK GAT. 103 

him three hundred and fifty acres of land. "Whether the zeal 
of his parishioners became cool as their worldly prospects bright- 
ened, or whether they deemed it wrong for a servant of heaven 
to be a landliolder on earth, does not appear. The land, how- 
ever, was not allotted ; and when there appeared no prospect of 
a better state of affairs, Bunker Gay prayed the government of 
New York for the gift of a thousand acres in the west part of 
the town, in lieu of the old promise, on which he had ceased to 
rely. No records have yet shown the fate of his petition. 



CHAPTER Y. 

FIRST SETTLEMENTS. 

Brattleborough — Fulhani or Dummerston — The " Equivalent Lands" — Frauds — 
John Kathan — Chester — Guilford — Peculiarity of its Organization — Grafton — 
Hartford — Norwich — Plymouth — Reading — AVindsor — Pomfret — Hartland — 
AVoodstock — Thetford — Sharon — Springfield — "Weathersfield — Fairlee — Guild- 
hall — Cavendish — Andover — Bradford — Lunenburgh — ^Newbury — Col. Jacob 
Bayley — Immigration. 

The first civilized settlement -vvitbin the boundaries of Ver- 
mont was made at Fort Dummer, in the south-eastern corner 
of the township subsequently known as Brattleborough, in the 
year 1724. Tlie charter of Brattleborough was issued by ]^ew 
Hamsphire on the 26th of December, 1753, but several jeare 
elapsed before any attempts were made to colonize those portions 
of the town which are now comprised within the limits of the 
east and west villages. One of the principal proprietors 
was Col. William Brattle of Boston, and to him the tovm 
owes its name. Josiah Willard, Nathan "Willard, David Sar- 
geant, David Sargeant Jr., John Sargeant, Tliomas Sargeant, 
John Alexander, Fairbank Moore and son, Samuel Wells, and 
John Arms, were among the first settlers, and were all from 
Massachusetts, with the exception of John and Thomas Sar- 
geant, and John Alexander, who were born at Fort Dummer, 
John Sargeant is believed to have been the first white person 
born in the state. His father and his brother David were 
ambushed by the Indians, and the former was killed and 
scalped. The latter was carried into cai3tivity, and adopted 
the Indian habits and manners, but subsequently abandoned his 
savage pursuits and companions, and returned to his friends. 
Governor Wentworth manifested much interest in the early set- 
tlement of this town and of Rockingham, and in both of them, 
according to his own statement, he was at " considerable ex- 



1750-1770.] ALLOTMENT OF THE "EQUIVALENT LANDS." 105 

pense in erecting mills." Brattleborougli was at an early period 
a flourishing settlement, and prosperity has at all times subse- 
quent characterized its condition. 

The township of Dummerston includes within its limits a por- 
tion of the territory which was formerly known, and has been 
previously spoken of, as the " Equivalent Lands." After these 
lands had passed from the hands of the government of Connec- 
ticut, in the year 1716, they were held by gentlemen from 
Connecticut, Massachusetts, and London. Application having 
been made by five of the proprietors to Samuel Partridge 
of Hatfield, Massachusetts, one of His Majesty's justices of the 
peace, desiring him, in his oflicial capacity, and in accordance 
with tlie laws of the province, to appoint a meeting of all the 
proprietors, Major John Stoddard of Northampton was, on the 
26th of March, 1718, directed to make the appointment. Li 
obedience to this order. Major Stoddard issued the following 
notification on the 28th, which was posted "at some public 
l^lace " in the county of Hampshire : 

" These may certify all persons concerned, but more especially 
the several and respective proprietors of the Equivalent Lands, 
so called, lying in the county of Hampshire : — • 

"That pursuant to a law of the province, and at the desire 
of five of the proprietors of the said lands, the Honorable 
Samuel Partridge, Esq., hath appointed the first "Wednesday of 
June next, at two o'clock in the afternoon, at the Green Dragon 
Tavern, in Boston, to be the time and place for a meeting of the 
said proprietors, in order to the choosing of a proprietor's clerk, 
the appointing a committee to be selected out of their number for 
such purposes as shall be agreed on, the dividing or disposing of 
their said propriety or any part thereof, the choosing an agent or 
general attorney to represent, manage, and act for them, to regu- 
late meetings for the future, etc. I do, therefore, hereby, in obe- 
dience to a warrant directed to me for that end from the said 
justice, inform and give notice to all the proprietors of said 
Lands, that there wiU be a meeting at the time and place, and 
for the ends aforementioned, and they are hereby desired to 
give their attendance accordingly." 

The " Equivalent Lands" were afterwards allotted by mutual 
agi'eement, and it is probable that the allotment took place at 
the meeting notified by the above warrant. The tract situated 
above Northfield, including portions of the present to-svns of Put- 
ney, Dummerston, and Brattleborougli, fell in the partition to 



106 mSTOBT OF EASTEEN VERMONT. [1750-1770. 

William Dummer, afterwards Lieutenant-Governor of Massa- 
chusetts, Anthony Stoddard, WilKam Brattle, and John White, 
" and a deed thereof " was made to them by Gm-don Saltonstall 
and others, " as their part and proportion." 

Between the years 174i and 1750, when attention was first 
aroused to the subject of setthng the lands on Connecticut river, 
situated between the north line of Massachusetts and Number 
Four, the idea was prevalent that Governor Wentworth of New 
Hampshire had received advices from Great Britain, instructing 
him to give to the inhabitants of Massachusetts who were pro- 
prietors under that province within the specified limits, the 
privilege of the first choice of lands ; and in case they should re- 
fuse to take out charters under New Hampshire, then to extend 
the privilege to whoever should next apply. In the year 1750 
Joseph Blanchard of Amherst, New Hampshire, was sent to sur- 
vey the territory which it was in contemplation to grant. His 
examination having been completed, the old proprietors of the 
" Equivalent Lands " petitioned the Governor of New Hamp- 
shire for a grant of that tract, and a portion of the adjacent ter- 
ritory. Accordingly, on the 26th of December, 1753, the "Equi- 
valent Lands," together with a " considerable quantity of other 
lands, was formed into three townships, beginning at the north 
bounds of Hinsdale, on the west side of the river, and extending 
back about six miles, and so far up the river" as to enclose the 
required amount. Previous to this, the whole of the " Equiva- 
lent Lands" had been known by the name of Dummerston. 
Tlie proprietary of Dummerston, with the territory added by 
New Hampshire, was now divided into the townships of Ful- 
ham, Putney, and Brattleborough. Tlie name Fulliam* was 
afterwards changed to Dummerston, but at what time no 
record shows. As late as 1773, the town was called by both 
names. 

In the charters of the three towns, the names of several new 
proprietors were admitted, but particular care was taken that the 
rights of the original grantees should not be infringed. In a peti- 
tion presented by these grantees to Governor Wentworth, in the 
year 1760, he was requested to confirm to Anna Powell, who held 
the share fonnerly belonging to Governor Dummer, one quarter 
part of the " Equivalent Lands," and to the heirs of Anthony Stod- 
dard, to the heirs of John AVhite, and to William Brattle, each, a 

* In old documents, the name is spelled Fullum, FuUham, and Fulham 



1750-1T70.] ALLEGED FRAUDS. 107 

like portion. The confirmation was made in accordance with 
these instructions, and it was generally supposed that satisfaction 
had been given to all concerned. At the close of the war, when 
Governor Wentworth had rec6mmenced his prodigal system of 
apportioning lands, there came to Portsmouth from Pomfret, 
Connecticut, one Isaac Dana, who stated that " a certain Mr. 
"White " had an interest in the " Equivalent Lands," but that no 
portion had been given him in the allotment which had been 
made seven years previous. To compensate for this neglect, 
Dana asked for the grant of a township. Col. Josiah Willard 
of Winchester, New Hampshire, who was present, told him that 
if any wrong had been done, the blame lay with Col. Brattle, 
who had acted as agent for the proprietors of the "Equivalent 
Lands," and had ordered all matters "to his liking." Notwith- 
standing this declaration, Dana received, on the 8th of July, 
1761, a patent for the township of Pomfret, on the New 
Hampshire Grants, and departed satisfied. It is doubtful 
whether the heirs of White ever received any benefit from this 
transaction. 

A few days passed, and there appeared at Portsmouth " one 
William Story, a gentleman from Boston." He also complained 
of the injustice which had been done White's heirs in the dis- 
tribution of the " Equivalent Lands," and prayed for redress 
or compensation. Col. Theodore Atkinson, the Governor's 
secretary, was very merry when this claim was proffered, deem- 
ing it as fraudulent. But his laugh was no more effective 
than had been the reasoning of Willard, and to Story and his 
associates was set off the township of Bernard on the 17th of 
July, 1761, though the application had at first been made 
in the name of the injured heirs of the injured White. On 
the 11th of August, 1766, one Joseph Bryant discovered that 
in the charter of the township of Putney, " only about two 
thirds" of the names of the heirs of White had been inserted. 
He also ascertained that other names had been substituted 
for those of the unlucky one third, by which a great wrong 
had been committed. A memorial containing this and kin. 
di'ed information, was in consequence dispatched to Henry 
Moore, Governor of New York. Whether that official ex- 
hibited on this occasion a disposition as yielding as that 
which characterized the conduct of Governor Wentworth, it is 
impossible to say. As to the frauds which were afterwards 
practised by means of John White's neglected title, old 



108 HISTORY OF EASTERN VERMONT. [1Y50-1Y70. 

manuscripts, soiled land papers, and formal depositions are 
silent.* 

Soon after the charter of Fulham was granted, John Kathan, 
who had resided within the limits of the town since the year 
1752, united with a number of persons, purchased in conjunc- 
tion with them, from the New Hampshire proprietors, a part of 
the townshij), and in the year 1754, according to his own account, 
removed there, " with his wife and seven or eight helpless chil- 
dren." Possessing the qualities of industry and perseverance 
— qualities especially necessary to the successful management of 
a new settlement, he addressed himself with energy to his task, 
and " did actually clear and improve above a hundred and twenty 
acres, and built a good dwelling-house, barn, and all necessary 
offices, and also a saw mill, and potash works." In order to 
guard his improvements, he was " at a considerable expense in 
building a fort round his house," and was " under the disagree- 
able necessity of residing therein during the course of a tedious 
and distressing war." Misfortune rendered his toil more severe. 

* MSS. ia connection -with a deposition made by Israel Williams, June 29tli, 
1786. Deposition of Joseph Blancbard, dated Amherst, N. H., August Tth, HST. 
Petition of Joseph Bryant, dated August 11th, 1766, in Colonial MSS., Land 
Papers, office Sec. State, N. Y., vol. xxi. To the MS. " Records of the public 
Proceedings of the Town of Dumerston, alias Town of FuUham," the annexed 
account of the circumstances attending the early history of that proprietary is 
prefixed as an " Introduction." 

" The tract of land called Dumerston is a part of the tract of land on the 
west side of Connecticut river, formerly granted to Connecticut government 
as an equivalent for some lands which the province of Massachusetts Bay had 
granted to their planters, which upon inquiry was found to be within the 
government of Connecticut : in order to secure the property of y« soil to the 
Massachusetts planters, that government granted to Connecticut the property of 
sundry tracts of their province land, one of which was the tract here mentioned, 
which the government of Connecticut sold to sundry private gentlemen, among 
whome were the late Honourable Wm. Dumer & [Anthony] Stoder, Esq., whose 
heirs are now the proprietors of one half of the whole tract on Connecticut river, 
supposed to contain 48,000 acres. The said Wm. Dumer being the oldest pro- 
prietor, the tract was called after him. The name is now kept up in acknowledge- 
ment of the title from the original grant of the Massachusetts government, which 
is the title the land is now held by. On the settlement of the jurisdictional line 
of the province of Massachusetts Bay with that of New Hampshire, the tract of 
land here mentioned fell within the limits of New Hampshire government, which 
incorporated the whole into three townships, including in the middle townsliips, 
the greatest part of the lands belonging to the heirs of Wm. Dumer & [Anthony] 
Stoder, and called the name of it FuUham, by virtue of which the privileges of a 
town are now held : besides the town of Fullham, what is known by the name 
of Dumerston includes nearly one half of the town of Putney." — Records, 1773, 
1774, p. 10. Appendix to Deming's Catalogue, p. 142. 



1750-1Y70.] TOWNSHIP OF CHESTER. 109 

His eldest daugliter was taken prisoner by the Indians. For two 
years and a half he knew nothing of her fate, but at the end of 
that time she returned home, Col. Peter Schuyler having " paid a 
ransom of four hundred livres for her redemption from captivity." 

In the year 1752, a ferry was established between Westmore- 
land, New Hampshire, and the proprietary of Dummerston, and 
about the same period a similar method of communication was 
arranged between the latter place and the town of Chesterfield. 
The settlement, although much disturbed by the war, was not 
allowed to die, and a few years after the restoration of order, 
John Kathan and his eighteen associates with their families 
were rapidly subduing the forests of Fulham, and accomplish- 
ing the conditions of their charter. 

To John Baldi'idge and others the lands now comprised in 
the township of Chester, were granted on the 22d of February, 
1Y54, by the name of Flamstead. Under this first ]^ew Hamp- 
shire charter no settlements were made, and by this neglect 
the proprietors no doubt forfeited their rights. A second 
charter to Daniel Hayward and his associates, issued by the 
same province on the 3d of JSTovember, 1T61, gave to the town 
the name of New Flamstead, and divided it into seventy-four 
equal shares. Under this charter the proprietors held a num- 
ber of meetings, but none in Chester until about the year 1764. 
Their first appointed clerk was John Goulding, who held that ofiice 
from 1761 to 1763. In the latter year, Thomas Chandler Sen., 
who being interested in the settlement of "Walpole, New Hamp- 
shire, had been appointed a selectman of that town, turned 
his attention towards the colonization of New Flamstead. 
His son, Thomas Chandler Jr., was chosen to succeed John 
Goulding, and was clerk until the year 1767. During the year 
1763, the elder Chandler, with his sons John and Thomas 
Chandler Jr., removed to New Flamstead, and was followed 
by Jabez Sargeant, Edward Johnson, Isaiah Johnson, Charles 
Mann, WiUiam Warner, Ichabod Ide, and Ebenezer Holton, 
from Woodstock, Connecticut, and Worcester and Maiden, 
Massachusetts. The first birth in the town was that of Thomas 
Chester Chandler, on the 26th of December, 1763. By a third 
charter issued by New York on the 14th of July, 1766, Thomas 
Chandler Sen. and his associates became proprietors of the 
town, and its name was changed to Chester. Under this patent 
the town was organized in June, 1767, and by authority derived 
from it, lands in Chester are now held. 



110 HISTOEY OF EASTERN VERMONT. [1T50-1770. 

The town of Guilford was chartered by IS^ew Hampshire on 
the 2d of April, 1754, to fiftj-fonr proprietoi'S, principally from 
Massachusetts. The account of the early civil and political con- 
dition of this town, given by Thompson in his " Gazetteer of 
Vermont," is in the words following : — " When granted, the town 
was a perfect wilderness, yet by the charter, the grantees were 
to hold their first meeting for the choice of officers, etc., on the 
1st of May, 1754, and on the first Tuesday of March ever after- 
wards. It seems the town was first organized by and under 
the very grant itself Power was given to the grantees to tran- 
sact the business of the town as a majority should see fit, 
subject only to the control of the Parliament of England. 
Tliis little enterprising band, composed of Samuel Hunt, John 
Chandler, David Field, Elijah Williams, Micah Pice, Ira Car- 
penter, and others, having little to fear from the nominal power 
of Parliament, in the wilderness of Yermont, assumed the 
title, which was virtually created by their charter, of a little 
independent Republic. By the records of their first meetings, 
they appear to have been governed by certain committees, 
chosen for the purpose of surveying the lands, laying out roads, 
drawing the shares or lots, taxing the rights, etc., but their 
greatest object was to procure and encourage settlers. Their 
meetings were held at Greenfield, Northfield, Hinsdale, or 
Brattleborough, until 1765, when their first meeting was held at 
Guilford. Tliere was a condition, which, if not performed, 
went to defeat the grant. Tlie grantees were to settle, clear 
and cultivate, in five years, five acres for every fifty in said 
township. Although much time and money were spent in 
making roads and clearing lands, yet on the 20th of March, 
17G4, the grantees, by a special committee chosen, petitioned 
the Governor of New Hampshire for a confirmation of their 
grant, and an extension of the time, stating that the interven- 
tion of an Indian war had made it impracticable for them to 
fulfil the conditions of the charter.* Their prayer was granted, 
and the time for settling the town extended to the 1st of 
January, 1766. Prom the time the charter was confirmed in 
1761, the town began to be rapidly settled by emigrants from 
Massachusetts and other ITew England provinces. Through 



* The charter of Guilford was renewed and extended on three different occa- 
sions. The first extension was dated July 6th, 1761, the second, March 20th, 
1764, and the third, June 7tli, 1764. 



1750-1 T70.] TO"vvNSHrps of guilfokd and gkafton. Ill 

the policy of the original proprietors, the first settlers began 
upon lots of fifty acres, in order to fulfil the condition of the 
grant. So rapid was the increase of population, that the town 
soon became the largest in the state as to numbers. Yet there 
was not a single Tillage in the township, or rather, the whole 
township was a village — all the hills and valleys were smoking 
with huts." 

In this township, three hundred and fifty acres constituted a 
share. The usual reservations for public purposes were made, 
but the governor's right was located upon the only mountain in 
the township, from which circumstance the elevation, has since 
been known as " Governor Mountain." Although the conduct 
of the proprietors was in general fair and generous, yet in one 
instance love of gain appears to have predominated over scru- 
pulous honesty. I^ot content with obtaining good prices for 
the land contained within their grant, they located and sold 
" one whole tier of hundred acre lots, north, beyond the extent 
of their charter," and to this day these lots are comprised with- 
in the limits of the town. Tlie first land was cleared in 1758, 
by Jonathan and Elislia Hunt, on the farm since occupied by 
the Rev. Asa Haynes. The first settlement was made in Sep- 
tember, 1761, by Micah Rice and family, on the place since 
occupied by Jeremiah Greenleaf, These adventurers were fol- 
lowed by Jonathan Eigelow, John Barney, Daniel Lynds, William 
Bigelow, Ebenezer Goodenough, Paul Chase, Thomas Cutler, 
John Shepardson, and others. " Tliey came into town by the 
way of Broad Brook. Beginning at the mouth of that stream 
on Connecticut river in Yernon, and passing up on its banks, 
they fomid their way into Guilford." Tliis road, although the 
only one by which the town could then be reached, was im- 
passable with teams, and the settlers, for some time, were com- 
pelled either " to boil or pound their corn, or go fifteen miles 
to mill with a grist upon their backs." Such are some of the 
circumstances pertaining to the early settlement of Guilford. 

Tlie town of Grafton was granted, on the 8th of April, 1754, 
to Jonathan Whitney, William Holt, ]Srathaniel Harris, and 
sixty-one associates, by the name of Thomlinson, and was the 
last town chartered by New Hampshire previous to the breaking 
out of the French war. On the 9th of July, 1761, the time for 
fulfiUing some of the conditions of the charter was extended. 
A new charter was granted on the 1st of September, 1763, to 
the same persons who had held the former one, and the old name 



112 HISTORY OF EASTERN VERMONT. [1T50-17T0. 

y^as retained. In tlie year 1768, a Mr. Hjnklej and his family, 
with two other families, removed to the township, and began a 
settlement on what was afterwards called Hinkley Brook. They 
soon abandoned their undertaking, and from that time there 
was no permanent settlement within the borders of the town 
until the year 1T80. The name Grafton was substituted for 
that of Tliomlinson on the 31st of October, 1791. 

Hartford, the first township granted by New Hampshire east 
of the Green Mountains after the close of the French war, was 
chartered on the 4tli of July, 1761. The original grantees, sixty- 
four in number, were principally from Lebanon, Connecticut. 
Prince Tracy, James Pinneo Jr., and Jonathan Marsh consti- 
tuted the proprietors' committee. "Within a few months after 
the charter was obtained, sixty-four fifty acre lots were laid out, 
one of which was given to each proprietor to hold in severalty. 
In 1763, the township was surveyed, and proper marks were 
placed at the comers, and between the corners at the end of 
every mile. At the same time allowance was made for highways, 
and some of them were partially prepared for use. These im- 
provements occupied a part of the summer, and were made by 
ten of the grantees. Li the summer of 1761, the same persons 
renewed their exertions, and in that year, Elijah, Solomon, and 
Benajah Strong emigrated with their families from Lebanon, 
Connecticut, and made the first permanent settlement. They 
were followed during the next year by twelve other families, 
and on the 8th of March, 1768, the town was regularly organized. 
The first child born in town was Roger, son of Ebenezer Gillett. 
This event occurred on the 6th of August, 1767. From the 
time the town was chartered until its organization, the proprie- 
tors displayed much energy in efi'ecting a settlement, and by 
their strenuous efforts the requisitions of the charter, under 
which they held, were faithfully fulfilled. 

On the 4:th of July, 1761, under a patent from ISTew Hamp- 
shire, the township of Korwich was granted by the name of 
Norwhich, to Eleazer "Wales and his associates, and was organ- 
ized in Connecticut on the 26th of August following. In 1762, 
the tOAvnship was apportioned by lot. Although at that time 
the neighboring country was for miles aroimd covered with 
untrodden wildernesses, yet this did not deter the advance of 
civihzation. A few years later, cottages and cabins had sprung 
up in Norwich ; and at Lebanon and Hanover, in New Hamp- 
shire, patches of cleared ground bore witness to the presence of 



1T50-1T70.] PLYMOUTH, BEADING, WINDSOE. 113 

the sturdy pioneer. Tlie first settlers in Norwich were Jacob 
Fenton, Ebenezer Smith, and John Slafter from Mansfield, 
Connecticut, Jacob Bm-ton and Asa, his son, from Stonington, 
in the same province, and the Messenger and Hutchinson 
families. In 1766, a saw mill was built by the Burtons, a little 
west of Norwich plain, and from that period the growth of the 
town was constant and certain.* 

Plymouth, the next town chartered by New Hampshire, was 
granted to Jeremiah Hall, John Grimes, and sixty-two other 
proprietors, by the name of Saltash, on the 6th of July, 1761. 
The township, although early smweyed and divided under the 
original charter, was regranted by New York on the 13th of 
May, 1772, to Ichabod Fisher. No settlement was commenced 
within its limits until the year 1777, and the town was not 
organized until ten years later. On the 23d of February, 1797, 
the name of Saltash was superseded by that of Plymouth. 

The township of Reading was chartered by New Hampshire 
on the same day on which Saltash received its patent, but could 
not boast of any inhabitants until the year 1772, when Andrew 
Spear and his family moved thither from Walpole, New Hamp- 
shire. For several years they were the only residents in the 
place. Tlie original grantees were Zedekiah Stone, Israel 
Stowell, Jonathan Hammond, and their associates to the num- 
ber of fifty-nine. On the 6th of March, 1772, the township was 
granted by New Tork to Simon Stevens and others. It was 
organized on the 30th of March, 1780. A saw miU was built 
dm'ing the same year, and Reading became a thriving settle- 
ment. 

Windsor, the date of whose charter is the same as that 
of the two preceding towns, was granted to Samuel Ashley, 
Jacob Cummings, and fifty-seven other persons, who immedi- 
ately organized as a proprietary body, and " proceeded to sur- 
vey, make a plan of, and allot the town." The first permanent 
settlement was commenced by Capt. Steele Smith, who with his 
family removed from Farmington, Connecticut, in August, 1764. 
In the following spring, "Major Ehsha Hawley, Capt. Israel 
Curtis, Deacon Hezekiah Thompson, Deacon Thomas Cooper, 
and some others " became inhabitants of the town, and before 

* A statement of the opinions which obtain respecting the first settlers of Nor- 
•wich will be found in Thompson's Vt, Part III., p. 130, and in Powers's Coos 
Country, pp. 137-Ul. 



114 HISTORY OF EASTERN VERMONT. [1750-1770. 

the close of the year 1765, the number of families in the new 
settlement amounted to sixteen. Before the arrival of Capt. 
Smith, Solomon Emmons and his wife had built a hut within 
the town limits, where they resided, although they " had not 
purchased the land, nor made any improvements with a view 
to a permanent settlement." * Windsor was granted by Kew 
York to David Stone 2d, and his associates, on the 7th of 
July, 1766. On the 2d of March, 1772, it was regranted by 
the same province to Zedekiah and David Stone, and their 
associates. A third and last grant of the township was made 
by Kew York to l^athan Stone, and twenty-two other grantees, 
on the 28th of March, 1772. The first settlers of the town 
regarded the Stones with high respect. Upright in character, 
they were fully entitled to be held in estimation. By their 
exertions and enterprise they increased the wealth and pros- 
perity of Windsor, and rendered it at an early period one of the 
most flourishing and popular villages on the " Grants." 

Pomfret, although chartered on the 8th of July, 1761, was 
not settled until the year 1770. Its original proj^rietors were 
sixty-six in number, of whom Isaac Dana was the principal 
person. Most of the proprietors were inhabitants of Pomfret, 
Connecticut. The name of Israel Putnam stands conspicuous 
in the list, but except as one of the grantees, he appears to have 
had no share in the settlement of the township.f 

Tlie township of Hartland was originally granted by N'ew 
Hampshire to Samuel Hunt and his associates, by the name of 
Hertford, on the 10th of July, 1761. Its settlement was com- 
menced in May, 1763, by Timothy Lull, who had been pre- 
viously living at Dummerston. Having concluded to remove 
to Hertford, he purchased a log canoe, and taking with him his 



* " Mrs. Emmons was the first, and for some time the only white woman who 
resided in the town." She was very useful to the early inhabitants, being for a 
long time the only midwife within many miles around. During the latter part 
of her life she was supported by the town. Her death occurred in the year 
1833. To Samuel Smith, a son of Capt. Steele Smith, is accorded the privilege of 
primogeniture among the children born in Windsor. His birth took place July 
2d, 1765. He died in 1842, aged seventy-seven years. — Thompson's Vt., Part 
ni, p. 194. Appendix to Deming's Catalogue, p. 201. 

f On the 3d of July, 1766, John Stark applied to Governor Moore of New 
York, for a grant of 3000 acres of land in the south-east corner of Pomfret 
Accompanying his request was a certificate from Thomas Gage, signed September 
6th, 1765, stating that Capt. John Stark served under Capt. Rogers during the 
war. — New York Colonial MSS., Land Papers, July 3d, 1766, vol. xxi 



1750-1770.] HARTLAND AND WOODSTOCK. 115 

familj, which consisted of a wife and four children, and such 
furniture as they needed, paddled up Connecticut river. 
Arriving at the mouth of a certain stream in Hertford, he 
anchored his boat and landed his family. Taking then a junk 
bottle, he broke it in the presence of his wife and children, and 
named the stream Lull's Brook — the name by which it has ever 
since been known. Proceeding up the brook about a mile, he 
came to a deserted log-hut, situated near the place now called 
Sumner's village. Here he commenced a settlement. For 
many years he suffered privations and hardships, " but possessing 
a strong constitution and a vigorous mind, he overcame all 
obstacles, accumulated a handsome property, lived respected, 
and died generally lamented." His son Timothy was the first 
child born in the town.* The settlers who followed Mr. Lull 
were mostly emigrants from Massachusetts and Connecticut. 
In 1765, thirty was the number of the inhabitants in the town. 
On the 23d of July, 1766, the charter of the town was confirmed 
by New York to Oliver Willard, and the grantees associated 
with him. The first town meeting was held on the 11th of 
March, 1767. Much inconvenience having arisen from the 
similarity between the name of Hertford and that of Hartford 
the adjoining town, Hertford was, by an act of the Legislature 
of Vermont passed June 15th, 1782, altered to Hartland, which 
name is still retained. 

Woodstock was established by charter from New Hampshire, 
on the 10th of July, 1761. The grantees were David Page, 
and sixty-one associates. On the 5th of September, 1766, a 
representation was made to the Colonial Assembly of New 
York, by Page and Jonathan Grout of Petersham, Massachu- 
setts, by which it appeared that they, in company with a few 
of the original grantees, purchased of the rest ten thousand 
acres of land in "Woodstock, soon after the charter was issued, 
and divided the purchase into lots. For these reasons they 
requested that the land might be confirmed to them by charter. 
The fate of this petition is not known, but on the 28th of Febru- 
ary, 1771, New York granted the township to Oliver Willard 
and others, and a charter to this effect was issued on the 3d of 
June, 1772. The first settlement in the town was commenced 
by James Sanderson, who removed hither with his family in 

* His birth took place in December, lYG-t, and on this occasion, " the midwife 
■was drawn by the father from Charlestown, upon the ice, a distatice of twenty- 
three miles, upon a handsled." — Thompson's Vt., Part HI., p. 88. 



116 HISTORY OF EA8TEEN VERMONT. [1750-1770. 

the year 1768. In the year 1772, there were only forty-two 
inhabitants in the phice.* 

Tlie charter of the town of Tlietford was signed by Governor 
Benning Wentworth of New Hampshire, on the 12th of August, 
1761. The first settlement within its borders was made by 
John Chamberlain, familiarly kno^^m as " Old Quail John," 
who removed hither from Hebron, Connecticut, in 1764. On 
the 13th of December in the same year, his daughter Susannah 
was born. This was the first birth in the town. During the 
year 1765, the Baldwin and Hosford families removed to Thet- 
ford. The town was organized on the 10th of May, 1768. f 

To John Taylor and sixty-one associates, the charter of 
Sharon was issued by New Hampshire on the 17th of August, 
1761. The settlement of the town was commenced by emigrants 
from Connecticut, in 1765. Robert Havens and his family 
were probably the first persons who spent the winter within its 
limits. But little is known concerning any of the pioneers who 
succeeded in planting a colony in this part of the New Hamp- 
shire Grants. In a civil point of view the right of primogeni- 
ture belongs to Elias Marsh, who was born on the 25th of 
March, 1768. The town was organized on the 8th of March in 
the same year. 

In the year 1753, before the commencement of the French 
war, and eight years previous to the date of the charter of the 
town of Springfield, Daniel Sawtell, Jacob Sawtell, Oliver 
Sawtell, Combs House, Samuel Douglass, Oliver Farnsworth, 
Joseph Douglass, Noah Porter, Nathaniel Powers, Simeon 
Powers and Simeon Powers Jr., "being poor and indigent, 
and unable to purchase lands in any of the inhabited towns of 
his Majesty's provinces" — while the lands in said Springfield 
" lay in the open wilderness, waste and until'd, without yield- 
ing any revenue to his Majesty, or profits to his subjects" — " did, 
for his Majesty's profit," as well as for the support of themselves, 
their wives, and their children, " enter upon, till and improve 
part of the lands in said Springfield." During the war they 

* In December, 1766, Lord Townshend and his associates petitioned Governor 
Moore of New York for a grant of the township of Woodstock by the name of 
Raynham Hall, promising to settle and cultivate it. The request appears to 
have been dismissed. — New York Colonial MSS., Land Papers, December, 1766, 
vol. xxii. 

\ A number of entertaining incidents relative to the early settlers of Tlietford 
may be found in Powers's Coos Country, pp. 144-162. 



1750-1770.] THE EAKLY SETTLERS OF SPRINGFIELD. 117 

defended their possessions " at the peril" of their own lives, and 
bj the loss of the lives of some of theu* "friends and neighbours," 
and " were as a guard to those places," located further down 
the river, which " were exposed to the rage of an heathen and 
savage foe." After the reduction of Canada, and the defeat of 
their " Popish enemies," thej renewed their labors with greater 
energy, and succeeded in establishing a prosperous and attrac- 
tive settlement. The first charter of the town was issued under 
the seal of New Hampshire, on the 20th of August, 1761. In 
the same year John Kilburn purchased of the proprietors one 
right containing three hundred and sixty acres, and shortly 
after " did enter upon, clear, cultivate and till said lands, 
according to the conditions of the charter under which the 
lands were then held, and also erected thereon a dwelling- 
house." In 1762, Simon Stevens became an inhabitant of the 
town, and by his example and individual efforts, did much to 
alleviate the wants, and add to the happiness of the settlers. 

The governors of liew Hampshire and New York, in grant- 
ing lands on the New Hampshire Grants, were not always actu- 
ated by the pm-est principles in the choice of grantees. In the 
case of the early settlers of Springfield, their conduct was espe- 
cially worthy of reprobation. At the conclusion of the war, 
Daniel Sawtell and his associates petitioned Governor Went- 
worth for a patent of the lands which they had impi-oved, or 
for " such part thereof as he should think fit." From some 
unaccountable reason, the Governor refused to assent to their 
request, and on the 20th of August, 1761, gave a charter of the 
whole township to Gideon Lyman and sixty-one associates. 
Not one of the original settlers was named in this instrument, 
and thus they were placed entirely at the mercy of men who 
were at liberty to dictate whatever terms they might deem most 
8ubser\aent to their own interests. " Without any regard to the 
great dangers and hard labour " which the early settlers had 
undergone in maintaining possession of, and preparing for culti- 
vation the lands which they had so long considered their own, 
the New Hampshire grantees sued out writs of ejectment, and 
obtained judgments against them. Executions were then 
issued, theii" possessions were taken, they themselves were 
threatened with imprisonment in default of the payment of 
the costs and charges of the suits which had been decided 
against them, and their families were " thereby brought to dis- 
tress and want." Meantime the decree of the King in Council, 



118 HISTORY OF EASTEEN VERMONT. [1750-1Y70. 

dated July 20tli, 176-4, had declared the Xew Hampshire 
Grants to be within the province of Kew York. On this infor- 
mation the original settlers, in a petition dated November 13th, 
1761, prayed Lieutenant-Governor Cadwallader Golden for a 
grant of Springfield, or in case this request was too great, that 
they might " be permitted still to inhabit those lands, and in 
some measure reap the benefit " of their past labor. In reply, 
the governor stated that he should " always be disposed to 
favour those who had settled and cultivated the lands, especially 
such as had been in possession for a considerable time." At the 
same time he informed them, that before proceeding further in 
the matter, he should be obliged to receive his Maj esty's orders. 
Another petition was presented, on the 15tli of August, 1765, by 
Nathaniel Powers and twenty -nine others, of whom a portion 
were the original settlers, asking a recognition of their rights, 
but, like the former, it met with a similar reception. A few 
days subsequent to the presentation of this last petition, 
Gideon Lyman and his associates informed the Governor of 
New York that the township of Springfield had been granted to 
them by New Hampshire. " In ftiitli of this grant," said 
Lyman, " your petitioner and the other persons interested 
therein, have already made considerable improvements and set- 
tlements" in Springfield, " and are willing and desirous to com- 
pleat the settlement thereof." Tliese conflicting petitions seemed 
for a time to puzzle the Governor of New York, but in the event 
the grant of Springfield was confirmed to Gideon Lyman and 
his associates on the 16th of March, 1772.* 

As to the organization of this town, little is definitely known. 
There are still extant two notifications for town meetings, from 
which the following information is derived. One is dated, 
"Province of New Hampshire," March 1st, 1764, and is 
signed by Samuel Scott, Simon Stevens, George Hall, Timothy 
Spencer, Taylor Spencer, and Abner Bisbee, inhabitants of 
Springfield. It is directed, " To Simon Stevens, Constable of 
Springfield and Province aforesaid," and requires him " In his 
Majesty's name" to " Notifie and warn y® Freeholders and 
other Inhabitants of s*^ Town that are Duely quallified by Law 
to Vote in Town Meetings, that they assemble and meet at y^ 
House of Joseph Littles in Springfield afores'd on Tuesday y« 

* N. Y. Colonial MSS., Land Papers, Nov. 13th, vol. xviii. 1'764: vol. xix., 
Aug. 16th, Sept. 19th, 1765. 



1750-1770.] THE GRANTEES OF WEATHERSFIELD. 119 

13tli of this Instant, at 10 of y Clock in y« forenoon." The 
object of the meeting is stated to be, " 1st, to Choose a Modera- 
tor to govern s*^ meeting — 2dly, to choose Town Officers 
agreeable to Charter." At the foot of this paper is a note bj 
the constable, declaring that he read the warrant in town meet- 
ing on " March y* 13tli," and on the back is an endorsement of 
the same date, showing that George Hall was chosen modera- 
tor, and that the meeting was then adjourned to the 26th of 
the same month. The other notification, similar in form, is 
dated July 13th, 1764, and is signed by Simon Stevens and 
Abner Bisbee. It is directed to Jehiel Simmons, and at the 
meeting to be held on the 22d current, the business to be 
attended to, is " 1st, to Choose a Moderator to Govern said 
meeting — 2dly, to see whether the Town will accept of the 
Koade, known by y® name of Crownpoint Roade, which leads 
Tln'ough s*^ Town — 3dly, to see whether the Town will Repair 
said Roade." From these statements it may be reasonably 
concluded that the town was organized before the year 176'4.* 

The grantees of Weathersfield were principally from New 
Haven, Connecticut, and the charter of the township was 
issued by New Hampshire, on the 20th of August, 1761. 
From a report made by the proj)rietors of the town in Septem- 
ber, 1765, it appeared that they had been " at great charge and 
expense in laying out the township into allotments," and further 
that they had cleared and cultivated a ]3ortion of the lands 
which they owned, and erected a number of houses. In a 
petition addressed to the Lieut-Governor of New York, on the 
17th of October, 1766, they expressed a sincere desire to be 
protected while engaged in accomplishing the work incident 
to the commencement of a settlement. Tlieir pioneer history, 
were it known, would, it is probable, resemble that of the early 
inhabitants of most of the towns ^tuated along the valley of Con- 
necticut river. The colonizers of the New Hampshire Grants 
were men and women who were aware that their future lives 
were to be lives of toil and self-sacrifice, and for this reason 
they were prepared to grapple with adversity in whatever 
ft)rm it might appear. On the 8th of April, 1772, the town 
was regranted by the government of New York, to Gideon 
Lyman and his associates. 

The township of Fairlee, which formerly included the towns 

* Old MSS. in possession of Hon. William M. Pingry. 



120 HISTORY OF EASTERN VERMONT. [1750-1770. 

now known as Fairlee and West Fairlee, was chartered by 
patent from N^ew Hampshire, on the 9th of September, 1761. 
Josiah Chauncev, Joseph Hubbard, and their associates, were 
the grantees. In the year 1766, a certain Mr. Baklwin, who 
before that time had been a resident of Thetford, removed to 
Fairlee, and commenced a settlement within the limits of the 
town. According to the account of Mr. Tliompson, the author 
of the " Gazetteer of Vermont," Samuel Miller, Samuel Bentley, 
Noah Dewey, Joel "White, and William and David Thompson, 
were inJiabitants of the town in 1768. Tliis statement is par- 
tially controverted by Grant Powers, on the authority of one 
of the early settlers of Orfbrd, New Hampshire. Tlie town 
was probably organized in 1775, when Samuel Smith was 
chosen town clerk.* 

The charter of Guildhall was issued by the government of 
New Hampshire, on the 10th of October, 1761. The grantees 
were Elihu Hall and sixty-four associates. In 1764, a settle- 
ment was commenced in the lower part of the town, which was 
then supposed to be a part of Lunenburgh, by David Page, 
Timothy Nash, and George Wheeler. In 1775, Enoch Hall, 
Micah Amy, and James Posbrook became residents of the town. 
Eleazer Rosbrook and Samuel Page joined the little band of 
settlers in 1778, and in the following year David Hopkinson 
and Peuben and Simeon Howe were added to the number. 
" Tlie first settlers," observes Thompson, " suffered severe pri- 
vations and hardships for a number of years. They brought 
their grain and provisions, in canoes, from Northfield, Massa- 
chusetts, a distance of more than one hundred and fifty miles. 
During the revolutionary war, they were in continual alarm, 
and were frequently annoyed by the Indians and Tories, who 
killed their cattle, plundered their houses, and carried a 
number of the inhabitants into captivity." The first town 
meeting of which record is made, was held in March, 1785. 

Tlie town of Cavendish was chartered by the Governor of 
New Hampshire, on the 12th of October, 1761. The principal 
grantee was Amos Kimball. In the following year a number 
of the proprietors visited the township, surveyed it, allotted the 
shares in severalty, and, according to their own account, " were 
in gi'eat forwardness, when disputes arose," which caused them 
to abandon the undertaking. A disposition to renew this 

* Thompson's Vt., Part III. pp. 70, 11. Powers's Coos Country, pp. 162, 163. 



1750-17Y0.] TOWNSHIP OF ANDOVEE. 121 

attempt was manifested in 1765 ; but no settlement was actually 
made until 1769, when, in the month of June, Captain John 
Coftein located his farm and built a dwelling in the north part 
of the town. During the war of the Revolution his hospitable 
residence afforded shelter and refreshment to the American 
soldiery while passing from Charlestown to the mihtary posts 
on Lake Champlain. In the north-west part of the town was a 
similar stopping-place, known as the " Twenty miles encamp- 
ment." Koadiah Russell and Thomas Gilbert settled in Caven- 
dish in 1771, and shared with Captain Coffein his wants and 
privations. " For several years they struggled hard for a 
scanty and precarious subsistence." So few were the mills at 
this period, that they were sometimes obliged to travel sixty 
miles to procure " the grinding of a single grist of corn." The 
town received a charter from N^ew York, on the 16th of June, 
1772. 

On the 29th of December, 1760, soon after the conquest of 
Canada had been completed, a number of the inhabitants of 
Lebanon and of other towns in Connecticut decided to petition 
the Governor of New Hampshire, for a grant of land on the 
west bank of Connecticut river. Having assembled on the 
12th of June, 1761, and obtained the names of those w^ho 
wished to engage in the project, they chose a clerk, and a 
committee to regulate their mode of procedure. At a meeting 
held on the 7th of September following, they selected two men 
" to repair to that part of the country," in which they wished 
to obtain a grant of land, and instructed them, in case they 
should find a situation which they deemed acceptable, to make 
their wishes known to Governor Wentworth. A location 
having been selected, a charter was issued by New Hampshire, 
on the 13th of October, granting the township of Andover 
to Nathaniel House and his associates. In accordance with the 
charter, a meeting of the grantees was convened at Lebanon on 
the 4:th of November following, and a clerk for the town and 
proprietors was chosen, " who was sworn to a faithful discharge 
of his duty." On the 10th of March, 1762, another meeting 
was held in the same place at the house of Joseph Clark, one 
of the grantees, and officers were chosen for the ensuing year. 
A committee were also selected to survey the town, and on the 
25tli of August a resolution was passed, instructing them to 
proceed with the business which had been assigned them. 
Tliis they were able to perform only in part, " by reason of bad 



122 HISTORY OF EASTERN VERMONT. [1750-1T70. 

•weather;" but being instructed on the 8th of March, 1Y63, 
to complete the survey, they renewed their undertaking, and 
three hundred acres were laid out for each of the proprietors, 
" on the east side of the town, by carefully marking the trees 
at the corners," These lots were distributed on the 21st of 
November, by an indifferent person appointed by the proprie- 
tors, and an account was taken of the result. At the next 
regular meeting of the town, held on the 13th of March, 1764, 
officers were chosen for the year ensuing ; " accounts were 
adjusted, and each person's demands carefully and justly 
allowed him for services done." On the 5th of November, a 
resolution was passed, by which an offer of fifty acres of land 
was made to each proprietor who should settle in the town 
during the spring of the year 1765. Pending this offer an- 
other meeting was held on the 12th of March, 1T65, and a com- 
mittee were chosen to mark out and clear a road to the town. 
Measures were accordingly taken to carry this proposition into 
execution, and a party of twenty persons had already made 
preparations to remove into the new township, when the publi- 
cation of his Majesty's Order in Council, on the 20th of July, 
1764, declaring the western bank of Connecticut river to be the 
eastern boundary of New York, caused them to abandon the 
project. 

Judging it prudent " to consider what might further be need- 
ful to be done, to maintain good order and submission " in their 
changed circumstances, the proprietors met on the 29th of 
April, 1765. After some discussion they decided to acquaint 
the Governor of New York with the state of their circum- 
stances, and ask for his " approbation and protection," In the 
memorial which they sent to Lieutenant-Governor Cadwallader 
Golden, dated at Lebanon, Connecticut, May 6th, 1765, in addi- 
tion to the facts which have already been detailed, they stated 
that they had expended in improvements more than four hun- 
dred and sixty-two dollars, that they had " vendued and sold" 
several of the rights of negligent proprietors, and had inserted 
the names of new proprietors in the place of some of those 
whose names were to be found in the original charter from 
New Hampshire. " Therefore," said they, " if it be consistent 
with your pleasure to incourage us, his Majesty's Liege sub- 
jects, in the settlement of so wilderness a Land as that is, and 
grant us also your Protection, as there are many more under 
the Like Cii'cumstances, it may much inlarge the Province, 



1750-1770.] THE TOWNSHIP OF BRADFORD. 123 

and liis Majesty's Englisli settlements." " And we cannot but 
Eejoice," they continued, "when we so fully persuade our- 
selves that youi' Excellency's highest ambition is to strengthen 
and enlarge all our late acquisitions by Regular and Industrious 
Inhabitants; and when once you shall please to make your 
Pleasure known to us, we shall with all Readiness Comply 
therewith ; and if it be your Pleasure to ratify to us those 
Lands we once supposed stood fair for us to settle, we shall un- 
doubtedly soon (as some other Towns have Done) Make consi- 
derable Improvements thereon. But, notwithstanding our ear- 
nest wishes, we do Heartily and Freely submit the same to your 
Wisdom and Prudence." For a long time this petition re- 
mained unnoticed, and although the Council of New York, on 
the 15th of June, 1772, recommended the issuing of a confirma- 
tory grant of this and several other townships, whenever " his 
Majesty's Instructions" should allow of such a course, yet the 
patent was never conferred.* 

In the year 1768, Shubael Geer and Amos Babcock, with 
their families, became residents of the town. During their 
stay, which was short, WilHam, son of Shubael Geer, was born. 
After the departure of these families no attempt to effect a set- 
tlement in Andover was made until after the commencement 
of the Revolution. 

Tlie charter of the township of Bradford was issued by Sir 
Henry Moore, Governor of New York, on the 7th of Novem- 
ber, 1766. John French and his associates were named as the 
grantees in the patent. After the death of French, William 
Smith and his associates applied for a grant of the township 
and received a new charter on the 28th of March, 1770. At 
the same time the name of the town was changed to Moore- 
town, as a compliment to the governor. On the 23d of Octo- 
ber, 1788, the name was again altered to Bradford by an act of 
the Legislature of Vermont. The first settlement within the 
limits of the town was made in 1765, before the first charter 
was issued, by John Hosmer or Osmer, who located his cabin 
near the mouth of Wait's river, on the north bank. During 
the following year Samuel Sleeper and Benoni Wright com- 
menced a settlement near Connecticut river, about a mile and 
a half from the north bounds of the town. According to some 

* N. Y. Colonial MSS., Land Papers, May 6tli, 1765, voL xviiL Doc. Hist. K 
T., iv. 786. 



124 HISTORY OF EASTERN VERMONT. [lYoO-lTYO. 

statements it would seem that there were but ten families in 
the town in 1771. In an account of the condition of Bradford, 
communicated to Governor Moore in 1770, it is stated that at 
that time the town contained thirty families. In the same ac- 
count particular mention is made of " Sleeper's house," on Con- 
necticut river. Andrew B. Peters became a resident of Brad- 
ford in 1771, and in the following year the first grist-mill was 
built by John Peters, on the south side of Wait's river. In 
consequence of the careless manner in which the lands in this 
township were surveyed and granted, much trouble and vexa- 
tious litigation arose. The history of many of the neighboring 
towns discloses similar disputes concerning boundary lines and 
conflicting grants. An account of proceedings of this nature, 
although it might prove entertaming to those curious in disen- 
tangling the intricacies of land titles, would not possess an inte- 
rest suliiciently general for these narrative pages, and is there- 
fore omitted. 

Of the other towns comj)rised in the eastern section of Ver- 
mont, to which reference has not been made, none, it is be- 
lieved, were settled before the year 17^0, with the exception of 
Newbury.* The arrow-heads and domestic implements of a 
rude manufacture, which have been found within the limits of 
this town, afibrd conclusive evidence that it must have been at 
an early period the site of an Indian village. Gen. Jacob Bay- 
ley of Newbury, Massachusetts, was probably the first white 
settler. In a letter written by him from Newbiiry, Vermont, 
on the 3d of October, 1768, he remarked : — " 'Tis but seven 
years since I struck the first stroke here, at which time there 
was not one inhabitant on the river for seventy miles down, 
none eastward for sixty, none between us and Canada, and now 
ahnost all the Lands are settled and settling in ahnost every 
town on the east side of the river." It does not appear that 
Gen. Bailey was a resident of the town until 1761. In October 
of that year he brought his family to Newbury, and thence- 
forward until the time of his death, at the age of eighty-nine, in 
March, 1815, he devoted himself with cheerfulness and assiduity 
to the service not only of his adopted town but of his country. 

* Attempts were doubtless made at an early period, to effect settlements north 
of Newbury. In 1766, Jonathan Grout of Petersham, Massachusetts, declared that 
he and his associates had cultivated lands in the town of Lunenburgh, which 
town, according to his statement, was " Thirty Miles Uigher up Connecticut 
River than any other Settlement on Said River." 



1T50-1Y70.] SETTLEMENT OF NEWBURY. 125 

In March, 1762, Samuel Sleeper, a Quaker preacher from 
Hampton, Kew Hampshire, moved with his family into New- 
hmy. He was in the employ of Gen. Bailey, and seems to have 
borne the character of a good citizen, until being unduly " moved 
by the sj)irit," he began to create disturbance by interrupting 
the minister while preaching, with laudatory and condemnatory 
exclamations. Various persuasive means were employed to in- 
duce him to alter his behavior, but without success. One of his 
followers, a certain Benoni Wright, was even more obstreperous 
than his master. Punishment was at last resorted to, and was 
followed by good effects. Wright received " ten lashes, well 
laid on." Sleeper was confined in a cellar, and when releas- 
ed, was informed that he would " receive thirty lashes in full 
tale" should he continue to exhibit his peculiar propensions. 
Finding that they could not enjoy the license to which they 
deemed themselves entitled, Wright and Sleeper removed to 
Bradford in 1766. Three other persons, with their families, 
came into the town from New Hampshire during th.e year 1762, 
namely, Thomas Chamberlain of Dunstable, Richard Chamber- 
lain of Hinsdale, and John Hazleton of Hampstead.* 

The charter of Newbury was issued by Governor Benning 
Wentworth of New Hampshire, on the 18th of March, 1763. 
Tlie grantees were Jacob Bayley and seventy-four associates. 
The first meeting for the choice of town ofiicers was held at 
Plaistow, New Hampshire, on the 13th of June, 1763. Jesse 
Johnson was chosen town clerk, Caleb Johnson, constable, and 
Jacob Kent, Benjamin Emerson, and John Hazen, selectmen. 
The proprietors, also, voted to unite with the inliabitants of 
Haverhill " in paying a preacher for the term of two or three 
months," dm-ing the following " fall or winter." The arrival of 
Noah White, Thomas Johnson, and Jacob Kentf in this year, 

* Betsey, daughter of John Hazleton, was the first child born in the town. Her 
birth took place in 1763. In the same year was born the first male child, Jacob 
Bayley Chamberlain, son of Thomas Chamberlain. Agreeable to a promise of the 
original proprietor, that the mother of the first male ehUd should be entitled to a 
bounty of one hundred acres of land, the premium was awarded to Mrs. Chamber- 
lain. Betsey Hazleton " was the wife of the famous Nehemiah Lovewell, who 
bravely fought at Bunker Hill and other places." She died jS'ov. 19th, 1850, aged 
eighty-seven years. — Thompson's Vt., Part IH. p. 124. Appendix to Demiug's 
Catalogue, p. 165. 

f Col. Jacob Kent was born at Chebacco, Mass., June 11th, 1726, and Mary 
White, his wife, was born at Plaistow, N. H., August 14th, 1736. Mrs. Kent sur- 
vived her husband many years, and lived to a great age. — Powei-s's Coos Coimtry, 
p. 50. 



126 HISTORY OF EASTERN VERMONT. [1Y50-1T70. 

gave a new impetus to the settlement ; James Abbott, Jobn 
Taplin, Frye Bay ley, and Ebenezer White, were also among the 
early settlers, and rendered valuable assistance in advancing the 
interests of the town. The first meeting in Newbury for the 
election of town oificers, was held on the 12th of June, 1761. 
Jacob Kent was chosen town clerk, John Hazleton, constable, 
and Jacob Bayley, Jacob Kent, and James Abbott, selectmen. 
Through the instrumentality of the Rev. Peter Powers, of Hol- 
lis, New Hampshire, a church was organized in Newbury dur- 
ing the fall of 1764. On the 21th of January, 1765, Mr. Powers 
was solicited to " take the spiritual charge of this newly consti- 
tuted c'hTirch and society in the wilderness." He accepted the 
call on the 1st of February following, and on the 27th of the 
same month, preached his own installation sermon at Hollis, 
New Hampshire. 

For the purpose of securing the title to the lands in the town- 
ship of Newbury, Gen. Bayley obtained from Governor William 
Tryon of New York, a confirmation charter. By the terms 
of this instrument, which was dated March I7th, 1772, Bailey 
and twenty -four associates were constituted grantees in trust for 
the proprietors and settlers under the New Hampshire char- 
ter. The whole trust was afterwards assigned to Bailey, 
who gave a bond to deed the lands to those to whom they 
belonged. 

With the cessation of French aggressions, Lidian hostilities 
had now come to an end. The adventurer, as he paddled his 
canoe up Connecticut river, with his little stock of baggage 
and provisions, feared no longer the ambush on the shore ; and 
the emigrant in his new home, lay down to sleep, feeling sure 
that no midnight foe was near to plunder and destroy. Induce- 
ments to settle in the new territory were, it is true, not as 
great as they had been represented by unprincipled specula- 
tors. The soil on the banks of the Connecticut was fertile, and 
the mountains were well wooded, but the climate was severe, 
and for many years nothing but a bare subsistence could be 
expected in return for the most painful toil. Still the men and 
women who left their homes in Massachusetts and Comiecticut, 
to extend civilization and the arts of peace, knew well the 
nature of their undertaking. Though some quailed beneath 
the burdens which want compelled them to bear, there were 
but few who by reason of their sufferings relinquished their 
design, or who, from their own experience, warned their friends, 



1750-1770.] AUTHOErriES. 127 

who were hesitating whether to join them or abide at home, 
to pm-sue the latter course.* 

* New York Colonial MSS., in office Sec. State, K Y., Land Papers, November 
13th, 1764, May 1th, 1Y65, vol. xviii. : August 15th, 17th, 23d, September 19th, 
28th, 1765, vol. xix. : October 9th, 28th, 30th, Slst, November 2d, 1765, Febru- 
ary 3d, July 18th, 1766, vol. XX.: June 25th, July 14th, 15th, 16th, September 
5th, October 6th, 1766, vol. xxi. : October I7th, November 8d, December 2d, 
1766, vol. xxii. CouncQ Minutes, in office Sec. State, N. Y., 1764-1772, October 
7th, 1766, voL xxix. Thompson's Vt. Gazetteer, ed. 1824, pp. 230, 260. Thomp- 
son's Yt, ed. 1842, Part III, pp. 3, 29, 47, 63, t4, ''9, 80, 87, 88, 124, 130, 140, 
142, 147, 150, 160, 171, 176, 194, 198. Appendix to Deming's Catalogue of 
Vt. Officers, pp. 135, J47, 151, 168, 173, Doc. Hist. N. Y., iv. 686. Powers's Coos 
Country, passim. 



CHAPTER VL 

OEGiLNIZATION OF CUMBEKLAND COTINTT 

Early Boundaries of New York — Controversy concerning the New Hamp- 
shire Grants — Proclamations of Lieut.-Gov. Golden and Gov. Wentworth — 
Order in Council — " Unlimited County of Albany" — Proposals to establish 
Counties on the " Grants." — Additional Officers appointed in Albany County — 
Cumberland County established by Charter — Provisions of the Charter — Road 
Law — Bradford — Extravagant Grants by the Crown — Repeal of the Act esta- 
blishing Cumberland County — Cumberland County re-established by Letters 
Patent from the King — Observations of Cadwallader Colden — Laws to prohibit 
the cutting of Masting Timber — Conduct of Gov. John Wentworth, the Sur- 
veyor-General — Arrest of Willard Dean and William Dean Jr. — Arrest of 
Ebenezer Fisher — His Release — Voluntary Surrender of Capt. William Dean — 
Friendly Interference of Col. Samuel Wells and John Grout — The Deans im- 
prisoned in New York — Gov. "W'entworth's Letter and Memorial — Report of 
the Committee of the Provincial Council of New York. 

While New Netlierland was a Dutch province, its northern 
limit had been placed at the river St. Lawrence, and the 
Fresh* river had washed its eastern boundaries. When Charles 
n. gave the province of ISTew York to his brother James, its 
area included " all the land from the west side of Connecticut 
river, to the east side of Delaware bay." The governments of 
Massachusetts and Connecticut had in several instances en- 
croached upon the territory claimed by New York, but the 
difficulties resulting from these trespasses had usually been ami- 
cably settled or at least temporarily adjusted. Never until 
now had there been an attempt to deprive New York, by syste- 
matized action, of rights and domains which she claimed as her 
own. As has been previously stated, Governor Wentworth of 
New Hampshire had, as early as 1750, made grants of land 
west of Connecticut river and north of the Massachusetts line. 
At the close of the French war he renewed the same com*se, 

* Connecticut. 



1763.] PKOCLAMATIOKS. 129 

and pursued it with so much vigor, that at the end of the year 
1763 he had, with but httle show of discretion, divided ahnost 
the whole of the New Hampshire Grants into townships, 
and distributed them among flatterers, followers, and adventu- 
rers. In some cases the names of deserving men had appeared 
in the patents, but the proprietors were mainly speculators, who 
cared for little else than to sell at advanced prices the lands 
which they had obtained by gift. 

The government of New York had for some time observed 
with dissatisfaction the course which Governor Wentworth was 
pursuing, and had to no purjjose remonstrated against it. The 
time for more strenuous measures had now arrived. On the 
28th of December, 1763, a proclamation was issued by Lieut.- 
Governor Cadwallader Golden of New York, declaring Con- 
necticut river to be the eastern boundary of that province, and 
commanding "all judges, justices, and other civil officers" 
holding commissions under New York "to exercise jurisdiction 
in their respective functions, as far as to the banks of Connecti- 
cut river." He also enjoined the sheriff of Albany county, 
within whose shrievalty the district in question was comprised, 
to return to him the names of all persons " who under the grants 
of the government of New Hampshire " then held or should 
continue to hold possession of any lands west of Connecticut 
river, that they might be proceeded against according to law."^" 

Governor "Wentworth, nowise intimidated by this manifest, 
which he termed " very extraordinary," published a counter- 
proclamation on the 13th of March, 176-4, for the purpose of 
asserting the rights of New Hampshire, and encouraging those 
who had begun settlements under charters from that province, 
" to be industrious in clearing and cultivating their lands agree- 
able to their respective grants." In Governor "Wentworth's com- 
mission from the King, dated July 3d, 1741, the southern 
boundary line of New Hampshire was described as extending 
west, " till it meets with our other governments." The western 
limits of Massachusetts and Connecticut were within twenty 
miles of Hudson river. These were the limits of his Majesty's 
" other governments," and "Wentworth declared that it was 

* Doc. Hist. N". T., iv. 558-560. At the date of this proclamation, the inha- 
bitants iu the country between Lake Champlain and Connecticut river were " very 
few, and ahnost entirely confined to the townships of Hinsdale, Westminster, 
Bennington, and Rockingham." — MS. Deposition of Joseph Blanchard, March 1st, 

mi. 

9 



130 HISTOEY OF EASTERN TEKMONT. [I'^'^'ij 1Y65. 

right tliat the western extent of the province of Kew Hampshire 
should be as great. While making these statements, he was 
careful to omit an important explanation. By trespass, Massa- 
chusetts and Connecticut had stretched their limits far beyond 
the line assigned them by charter. But they had acknowledged 
tlie encroachment, and by treaties ^ew York had ceded to them 
the lands over which they had attempted to usurp authority. 

It was evident that neither of the governors would yield. 
Recourse was had to the King, and the whole subject was laid 
before him. By an Order in Council, dated July 20th, 1764, 
he declared " the western banks of the river Connecticut, from 
where it enters the province of the Massachusetts Bay, as far 
north as the forty-fifth degree of northern latitude, to he the 
boundary line between the said two provinces of K^ew Hamp- 
shire and New York." Tliis declaration was published on the 
lOtli of April, 1765, by the Governor of New York. As to its 
import, it might seem that there could have been no differ- 
ence of opinion. But the force of the infinitive was by no 
means definitive. "The government of New York supposed 
that the words to he gave the order a retrospective operation, and 
' construed them as a declaration that the river always had been 
the eastern limits of New York ; consequently that the grants 
made by the Governor of New Hampshire were invalid, and 
that the lands might be granted again.' On the contrary, the 
grantees under New Hampshire patents, understood these words 
in the future tense, as a declaration that the Connecticut river 
was to he from that time forward only, the line of division 
between the two provinces, and ' consequently that their grants 
being derived from the crown, through the medium of one of its 
governors, w^ere valid.' " Thus arose a fresh dispute, which for 
ten years continued to excite Htigation and animosity, unfavor- 
able to the progress of humanity, and prejudicial to the settle- 
ment and civilization of the disputed territory. * 

At the time when the Order in Council was promulgated by 
the proclamation of Governor Colden, the lands east of the 
Green Mountains and west of Connecticut river, notwithstand- 
ing the numerous grants of Governor "Wentworth, were but lit- 
tle cultivated, and very sparsely inhabited. According to some 

* Doc. Hist. N. Y. iv. 570-572, 574, 575. K Y. Colonial MSS. in office Sec. 
State N. Y., Monctton and Coldeo, 1763, 1764, vol. xcii. ; Colden and Moore, 
1764-1766, vol. sciii. Belknap's Hist. N. H., ii. 315, .316. 



1765.] THE COUNTY OF ALBANY. 131 

accounts the whole number of families settled within those limits 
were not over sixty. Other statements raised this number 
to seventy, and one supposition was, that there might be a 
hundred. Nor were all these the famihes of original proprie- 
tors. Most of them were purchasers under some of the letters 
patent which had been issued by New Hampshire for very 
small considerations, and some were settlers under the squatter's 
title which had cost nothing,* 

The whole of the New Hampshire Grants, although not added 
to, Avas supposed to be included within the limits of the 
" unlimited county of Albany," and the sheriif of that county 
was authorized to exercise his authority from the banks of Con- 
necticut river to the shores of Lake Champlain. The courts 
were held in the city of Albany, and hither, or to the city of New 
York, all were obliged to resort who wished to transact business 
with the officers of government. Their remoteness from these 
places, was an inconvenience most sensibly felt by the new set- 
tlers. Tlie county of Albany appeared to them unreasonably 
large, and in its division they foresaw relief from the difficulties 
under which they labored. To effect a change, recourse was 
had to petitions. The first presented to Lieutenant-Governor 

* Joseph Blanchard, ■who, in the year 1765, numbered the inhabitants from 
Brattleborough to Hartford, declared that on the New Hampshire Grants, east of 
the Green Mountains, " there were not, on a large Computation above Sixty 
Families settled as Claimants" under grants from that province; "that the^e 
Inhabitants were scattered in Eleven Townships lying on Connecticut River, and 
in three Townships lying back of the River on the Southermost Part of the whole 
Tract," and that even in these townships, cultivation wjis but just beginning, 
Hinsdale, Brattleborough, Westminster, and Putney being excepted, where more 
advance had been made. — MS. deposition, March 1st, 1771. 

The opinion of Simon Stevens, one of the members of the General Assembly of 
New Hampshire, was, that " there were not seventy families within the limits 
above described ;" that these " Avere scattered in about a dozen townships " on 
Connecticut river, and that " the Chief of them " were in Brattleborough, West- 
minster, Putney, and Rockingham. The same views were also held by Samuel 
Wells of Brattleboroxigh, one of the judges of the Inferior Court of Common 
Pleas, and one of his Majesty's jiistices of the peace for the county of Cumberland. 
Oliver Willard, an assistant judge in the court above named, and an inhabitant 
of the town of Hertford as early as 1763, stated that " the Proclamations by the 
Governments of New York and New Hampshire notifying his Majesty's Determi- 
nation of the Boundary between those Governments, were very Publickly known " 
at the time of their publication ; that there might then have been " about one 
hundred Families settled in all that Country Eastward of the Green Mountains, 
formerly claimed by New Hampshire," and that " those Inhabitants were scattered 
through about Twenty Tracts or Townships of about six miles square each, and 
principally along Connecticut River."— Doc Hist. N. Y., iv. 693, 696, 697, 701. 



132 HISTORY OF EASTERN VERMONT. [1765. 

Colden, was dated October 9th, 1765, and was signed by 
Thomas Chandler, Isaac Man, David Wooster, Daniel Jones, 
and Robert Harpur, "in behalf of themselves and their asso- 
ciates, inhabitants of the northern part" of the province of New 
York. They proposed that the " Grants " should be divided by a 
north and south line, which should follow the course of the ridge 
of the mountains ; that two counties should be erected to the east 
of this hne and three to the west; that the eastern counties 
should be divided by a line extending from the north-eastern 
corner of the township of Norwich to the hne extending along 
the ridge of the mountains ; that the most southern of the 
western counties should be bounded on the south by the north- 
ern line of Massachusetts extended as far west as the mouth of 
the Mohawk river at Half Moon, and on the north by a line 
drawn east from Fort Miller to the line of the mountains ; that 
the middle county should adjoin the last mentioned county, 
and extend north to a line drawn from the north end of Lake 
George to the mountain line ; that the other county should com- 
prise all the land between the north line of the middle county 
and the forty-fifth parallel, and that the western limits of the 
three last mentioned counties should be left to the discretion of 
the governor. They further proposed that the lower county on 
Connecticut river should be called Colden, and that its county 
town, of the same name, should be located in the township of 
New Flamstead ; that the upper county should be called Ster- 
ling, and that Newbury should be assigned as its county town, 
in the township of that name ; that the southern county to the 
west of the Green mountains should be called Manchester, and 
that its county town should be located at Stillwater ; that the 
middle county should be called Kingsbury, and that the county 
town should be situated in the township of Kiugsbury ; that the 
last county should be called Pitt, and that its county town 
should be fixed at Hospital Point on the east side of Lake 
Champlain, near Crown Point. Having detailed these proposi- 
tions, they prayed that the counties and towns they had men- 
tioned, might be established " under the restrictions appointed 
by his Majesty's instructions."* 

Tliis petition was on the 15th of October followed by another, 
in which the petitioners, in view of tlie unwiUingness manifested 

* MSS. Council Minutes, in office Sec. State N. Y., 1765-1783, xxvi. 22. 
Brattleborougli Semi-Weekly Eagle, Thursday, September 27 th, 1849. Doc. 
Hist. N. Y., iv. 578-580. 



1765.] PETITIONS OF THE NEW SETTLERS. 133 

by the Conncil of New York to erect tlie five counties before 
proposed, expressed their readiness to withdraw that request. 
At the same time they did not fail to assert their belief in the 
necessity of " some establishment" by which vice might be 
detected, and the inhabitants protected in recovering their just 
dues. To effect these results, they desired that a county by the 
name of Golden might be erected, to be limited on the east by 
Connecticut river, on the west by " the height of land," on the 
north by the forty-fifth parallel, and on the south by the north 
line of the province of Massachusetts Bay. They further 
requested that the county town might be located at New Flam- 
stead, and that the county might be vested with such privileges 
as it had been usual to grant in similar cases.* 

On the 22d of October, a third attempt was made to draw 
the attention of the Council of New York to the wants of the 
new settlers. " It is now near six months," said the petitioners, 
" since to our knowledge, we became inhabitants of this pro- 
vince, and have been ever since without law. Notwithstand- 
ing we have made application to be protected, as yet we are 
not answered. Should we be annexed to the county of Albany, 
as proposed by some, we shall still lye under such a disadvan- 
tage that justice cannot be had, and to appoint justices in some 
few of the to^vns, without proper oflicers to execute warrants, &c., 
we humbly conceive will never answer y® end ; and in what 
way any officer (if they should be appointed) can execute his 
ofiice, so far as to carry a delinquent to Albany, for our part we 
are at a loss [to determine], as there can be no passing from 
Connecticut river to Albau}'- without going thro' the province of 
the Massachusetts Bay, and as soon as an oflScer gets across the 
line of the province, his office leaves him, and the delinquent 
makes his escape ; and in what way any constables can be 
chosen to execute any small precept, &c., till the towns are 
incorporated, we must confess we cannot tell." Other argu- 
ments favoring the estabhshment of a new county were adduced, 
backed by urgent supplications for immediate action. 

The committee to whom these applications had' been made, 
unable longer to ignore the subject, submitted a report on the 
day in which this last petition was received. Tliey declared that 
the accounts they had received had been " very contradictory 

* MSS. Council Mimites in office Sec. State K Y., 11&5-\18Z, xxvi. 22. Brat- 
tleborongh Semi-Weekly Eagle, Monday, October Ist, 1849. Doc Hist. N. Y., 

IV. 580, 581. 



134 HISTORY OF EASTEEN VERMONT. [1Y66. 

and nnsatisfactoiy ;" that the inhabitants of that portion of the 
province held their lands, as yet, by an equitable title only ; 
that they were wholly " unacquainted with the laws of the pro- 
vince, and the modes of dispensing justice therein ;" that Ports- 
mouth, the place to which they had previously resorted to 
attend the courts of justice, was at a greater distance than the 
city of Albany, and that should the committee " to suit a pre- 
sent convenience, advise the forming a part of the province so 
little known into a county, when it must shortly become expedi- 
ent to new model it, pi'ivate property would be greatly injured, by 
altering the seat of the courts of justice and otherplaces of public 
resort." For these reasons the committee reported adversely to 
a new county, but recommended the appointment of a " com- 
petent number of fit persons for the conservation of the peace, 
and the administration of justice in that part of the province."* 
Li accordance with this suggestion, commissions were issued 
on the 20th of January^ 1766, and twenty-one additional justices 
of the peace were a2Dpointed for the administration of the laws 
within the county of Alliany. Of this number, Thomas Chan- 
dler, "William Gilliland, Joseph Lord, Isaac Mann, Eobert Harpur, 
Jacob Bay ley, and Samuel AVells, were assigned of the Quorum,f 
and to all these newly commissioned officers, the sheriff and 
constables of Albany county were commanded to yield obedi- 
ence. By an act of the British parliament which extended 
over the English colonies, all civil and military officers were 
required to take and subscribe their names to the oaths of alle- 
giance, supremacy, and abjuration. Thomas Chandler, William 
Gilliland, and Isaac Mann, were empowered to tender and ad- 
minister these oaths, and a Dedimus Potestatem confirmed to 
them this authority. At the request of Sir Henry Moore, 
Governor of Kew York, measures were taken to ascertain the 
number of men between Connecticut river and the Green 
Mountains capable of bearing arms. According to the report 
of Thomas Chandler, presented on the 20tli of January, there 
were in the south'ern portion of that district about six hundred 

* MSS. Council Minutes in office Sec. State, N. Y., 1165-118^, xxvi. 2o. Brat- 
tleborough Semi-AVeekly Eagle, Monday, October 1st, 1849; Thursday, Octobei' 
4th, 1849. Doc. Hist. K Y., iv. 581-584. 

f Four years previous, fifty-five justices had received commissiong in Albany 
county. The whole number now, was seventy-six. In the same county fifteen 
persons had been previously appointed of the Quorum. The whole number was 
now twenty-two. The duties of these offices were also performed by the mem- 
bers of the Council and by thj Atlorney General. 



1766.] NOinNATION OF OFFICERS. 135 

men,* and in tlio nortliern portion about one. half that number, 
answering to this description. A proposition was then made, 
that two regiments should be formed, and that the command 
of the southern one should be assigned to Thomas Chandler, 
and of the northern one, to Jacob Bayley. This suggestion, as 
far as it related to the southern regiment, was carried into eftect, 
and military companies were formed in several towns. There 
is still extant a commission, signed by II. Moore, bearing date 
February 27th, 1766, appointing " Simon Stevens to be Ca^Dtain 
of the Eighth Company of foot, in the Regiment of Militia 
whereof Thomas Chandler Esqr. is Col°* to Consist of the Liha- 
bitants of Springfield," and the chirography in the commission 
is that of the Colonel himself. The nomination of civil officei"s 
in the northern part of Albany county having been confirmed 
by the Governor, a meeting of the justices of the peace and 
quorum, was called at Rockingham, on the 27th of February, at 
which time constables were a})pointed for five of the principal 
towns.f In this manner an attempt was made to preserve, at 

* In a letter from Sir Henry Moore, Governor of New York, to the Earl of 
Shelburne, dated "Fort George, New York, 9th June, 1767," occur these words: 
"I afterwards issued out Commissions for forming a Militia in those parts, and in 
some months afterwards a return was made to me of the Regiment formed 
there, which amounted to upwards of six hundred men. I could not help ex- 
pressing much satisfiiction at seeing so large a Return, and expected to find that 
the number of families was in proportion to it, but the Officer who made it, 
would not impose on me, and told me in a very ingenuous manner, that a great 
number of Families concerned in those Lands, resided either in New England, 
New Hampshire, or Connecticut, and had never been upon them ; that some of the 
most active young People out of each family were sent there to begin the Settle- 
ments, many of whom iit the close of the summer returned to their Homes, while 
others more industrious, continued there in the Winter that by forwarding their 
improvements, they might more readily pave the way for those who did not 
choose to encounter all the difficultys of a New Settlement, but would rather 
wait till some improvements were made before they removed. The same steps 
could not be taken for the service of that part of the Country to the North of 
the County of Cumberland, for although the District was large enough to form a 
County of the same extent, very few Improvements had been made in any of the 
Townships except in that of Newbury." — Doc. Hist. N. Y., iv. 595. 

In a passage preceding this extract, it is stated that the regiment in the new 
territory was formed after the establishment of the county of Cumberland. This 
is a mistake. The " Law for erecting the County of Cumberland," was passed 
July 3d, 1766. The commissions to officers in the new regiment were dated, 
some of them, as early as the preceding February. 

f Nathan Earll was chosen constable for the town of Chester, Joel Stone for 
the town of Windsor, Abiel Cliamberlain for the town of Newbury, Simon 
Stevens for the town of Springfield, and Medad Wright for the town of West- 
minster.— Pingry MS. Book of Commissions in office Sec. State, N. Y., 1751-1770, 



13G UISTOKY OF EASTERN VEKMONT. [1766. 

least, the forms of justice. As the result of these measures, a 
better state of manners was observable in the new settle- 
ments. 

Although the benefits resulting from the new system were 
not to be despised, yet many of the inconveniences before com- 
plained of still remained, nor did it appear that any of the 
means proposed could remove them, the formation of a new 
county excepted. As the road then ran, most of the inhabit- 
ants were distant from Albany one hundred and fifty, and 
some of them two hundred miles. In that city the courts and 
public elections were held, and thither it was absolutely neces- 
sary that a number of the settlers ahould annually resort. 
With difficulty could the sheriff of Albany county serve a pro- 
cess in the northern part of his bailiwick ; and not without a 
guard of a dozen men, could he with safety convey a prisoner 
or a debtor through the woods and over the mountains to the 
jail at Albany. There were, it is true, civil and military 
officers in abundance in the new district, but the latter could 
not assist the former, even were their assistance needed, for the 
power of the former was not much regarded, and there were 
no places of confinement or means of punishment near at hand, 
as a terror to the evil-doers who might be arrested. Urged on 
by these potent considerations, a number of those who had 
formerly pleaded for a county, besought the Council of New 
York, on the 16th of June, for the same boon. On this occa- 
sion their request was seconded by the Governor, and the 
Council of New York responded favorably to the application. 
A portion of the New Hampshire Grants, situated between 
Coimecticut river and the Green Mountains, was, on the 3d of 
July, erected into a county by the name of Cumberland, and 
its boundaries were duly established,* To the inhabitants 



V. 812. Brattleborough Semi- Weekly Eagle, Monday, May 6tli ; Monday, May 
27tli, 1850. Doc. Hist. N. Y., iv. 586. 

* The bovmdaries of Cumberland county, as first established, have been pre- 
viously recited on pages 1,2. In the act erecting the county of Ciunberland, the 
following condition was inserted : " Provided always, and it is hereby enacted by 
the authority aforesaid, That if any lands lie within the County aforesaid, wliich 
are held by Grants under the Great Seal of the Colony of New Hampshire, by 
His Majesty in Council on the 20th day of July, 17(54 : such lands shall be and 
remain within, and be part of the County of Albany, anything herein contained 
to the contrary, notwithstanding." According to the terms of this proviso, the 
greater part of the territory comprised within the bounds of Cumberland county, 
would still have remained a part of the county of Albany. 



1766.] ESTABLISHMENT OF COUKTS. 137 

were granted all the powers and privileges enjoyed by tlie other 
counties and towns in the province, excepting only the choice 
of members to represent the county in the Provincial Assem- 
bly, which privilege was withheld for the present. 

In another portion of the act for the formation of the county 
of Cumberland, provision was made for the erection of a court- 
house and jail, Tlie freeholders and inhabitants of the county 
were authorized to elect supervisors, assessors, collectors, a 
treasurer, and other county officers, in order that the " public 
and necessary charges " of the province might be defrayed, the 
poor maintained, and vagabondism discountenanced. At the 
meeting next after their apjDointment, the supervisors were di- 
rected to levy and collect of those residing or sojourning in the 
county, a sum not exceeding two hundred pounds, to be applied 
in constructing a court-house and jail. Chester, "being the 
most convenient" among the townships, and "nearest the 
centre " of the county, w^as selected as the location for these 
buildings, and the sheriff was ordered to compute mileage 
from the court-house. By another act, passed July 15th, the 
"judges and justices duly authorized in that behalf," were di- 
rected to hold " yearly and every year " in the township of 
Chester, a court of Common Pleas, to hear, and according to 
the laws of England and the province of New York, " to try 
and determine all suits, quarrels, controversies and differences," 
which might arise, in the technical language of the ordinance, 
between any of the " loving subjects " of the county, " above 
the value of forty shillings." A court of General Sessions of 
the Peace was also established, and the first Tuesday in June 
and the first Tuesday in Kovember in each year were selected 
as the days on which these judicatories were to commence 
their sessions. The length of each term session was Hmited 
to four days, and the two courts were authorized to sit at the 
same time, in order that business might be " constantly pro- 
ceeded in and all unnecessary attendance avoided." Com- 
petent men were selected as judges and assistant justices of the 
court of Common Pleas. Justices of the peace and other county 
officers were appointed, and a foundation was laid for administer- 
ing the law in accordance with the most approved methods.* 

* New York Colonial MSS., in office Sec. State, N. Y., 1766, 11 &1, xciy.; Book 
of Commissions, 1751-1770, v. 320; Council Minutes, 1765-1783, xxvi. 61. Doc. 
Hist. N. Y., iv. 587, 588, 594. Brattleborough Semi-Weekly Eagle, Thursday, 
June 6th, Monday, June 10th, Thursday, June 13th, 1850. 



138 HISTORY OF EASTEEN YEEMONT. [1T66. 

To increase the facilities of communication between the dif- 
ferent towns of the new county, the Legislature, on the 19tli of 
December, passed an act "for laying out, regulating, and 
keeping in repair, common and public highways." By this 
act, the "freeholders and inhabitants" of the county, were au- 
thorized to choose at their annual town meetings, three free- 
holders in each town to serve as commissioners for laying out 
and regulating highways, and as many persons for surveyor 
and overseers of highways, as the majority of voters should 
deem best. Those chosen, were required to accept of the 
offices given them. To each overseer a portion of road was 
allotted, of which he was to have especial charge. The com- 
missioners were empowered to construct such roads as they 
judged necessary, and in case of dispute as to the most conve- 
nient routes or the connection of roads between town and town, 
were instructed to call in three commissioners, one from each 
of the neighboring towns not interested, who were to determine 
where the road should run. If any road proved inconvenient, 
the commissioners of the to^vn or towns through which it passed, 
were allowed to alter it or lay out another. The commissioners 
were not allowed to run a road through any person's land 
without his consent, and all disputes as to land damages were 
to be settled by certain fixed regulations which were detailed 
in the act. Any one who should " alter, stop up, or lessen " 
any road laid out by the commissioners, without their consent, 
forfeited forty shillings, to be applied by the surveyors towards 
repairing the roads. Public roads were not to be under two 
or over four rods in breadth. The breadth of private ones was 
fixed at twenty feet. Persons by or through whose lands i3ublic 
roads ran, were " obliged to clear and maintain the same, by 
cutting down the wood, clearing and stubbing up the brush," 
and " digging up the stones " that could be carried off, to the 
width of one rod. The limbs of the trees overhanging the road 
were also to be lopped and taken away. 

The inhabitants of each town were required to work on the 
roads six days in the year, or for as long a time as was sufficient 
to keep them in repair. For each day's neglect of this service, 
a penalty of four shillings was incurred. In road work, " a 
carriage and a man to manage it," were deemed equal to three 
days' work of a single person. Tlie fine for neglect when a 
man was ordered out with his team, was fixed at twelve shil- 
lings per diem. Workmen were obliged to furnish " spades, 



1766.] NEW SETTLEMENTS. 139 

axes, crows, and pick-axes," or sucli tools as the surveyors might 
direct. In making road repairs, permission was given to use 
the trees " standing on the roads." When a highway "from 
any town or phxntation to any meadow*s, mills or common 
landing places," ran through any person's land or meadow, he 
was allowed, by the approval of the town commissioners or the 
'' major part of them," to "place and hang good, easy-swinging 
gates, on such highways," and keep them in repair at his own 
cost. By other regulations, it was enacted that an account of 
the highways " laid out, altered or stopped up," should be cer- 
tified by the commissioners and entered in the county records ; 
that each commissioner should be allowed six shillings per diem, 
when engaged in official duties ; that the surveyors should, 
within eight days after having received notice to that effect 
from a justice of the peace, warn the people to w'ork on the 
roads, and that in case the surveyors should neglect to perform 
this duty, they should be mulcted forty shillings each. All 
fines were to be applied to the repair of the highways. The 
term of this act was limited to four years. The principles em- 
bodied in its paragraphs served as the foundation of the town 
regulations of this nature, which now obtain in the state of 
Yermont.* 

The affairs of the new county having been satisfactorily 
arranged. Governor Moore directed his attention to the settle- 
ment of the adjacent country. With the approbation of the 
Provincial Council, a township was laid out for him and others 
associated with him, situated twelve miles distant from the 
north line of Cumberland county, " on a spot neither granted by 
ISTew Hampshire, nor claimed by any persons."t He then 
announced his intention of giving the land comprised within 
this township to the families who would agree to colonize it, 
provided they would manufacture yearly a certain amount of 
potash, and plant a certain number of acres with hemp. On 
the fulfilment of these conditions, he declared that the fee of 
the land should be vested absolutely in the possessors. As 
soon as these terms were made known, applications were made 
by different pereons for grants, and before the middle of the 
year 1Y6T, fom*teen families had settled in the new township, 

* Act of 7th George III, in Laws N. Y., Van Schaack's ed. 1691-17'73, pp. 
487-490. 

+ Reference is undoubtedly had to the township of Bradford. A brief account 
of the early settlement of this place may be found on pages 123, 124. 



140 HISTORY OF EASTERN VEEMONI. [1767. 

and land had been allotted to ten other families in the city of 
New York, and to several persons in Connecticut and Massa- 
chusetts. At this stage of the undertaking, Governor Moore 
ordered a saw mill and a grist mill to be built for the use of 
the settlers, and a church to be erected, with a farm attached 
as a glebe for the minister who should occupy its pulpit. In 
aid of religion and education, a township was laid out and 
placed in the hands of trustees " for the use of the ministers of the 
gospel according to the communion of the Church of England," 
and another was set aside for the benefit of King's now Co- 
lumbia College. While Governor Moore was in this manner 
studying to advance the interests of his subjects, many of them, 
who had formerly obtained land under New Hampshire titles, 
a23plied to him for confirmatory grants. These were in many 
instances bestowed, and the proprietors were quieted in their 
possessions by a secondary payment of fees. By the New 
Hampshire charters, a certain quantity of land in each town- 
ship was reserved by Governor Wentworth for himself. Tliese 
shares had in most instances remained uncultivated and un- 
improved. Care was now taken that this gubernatorial privilege 
should be no longer allowed, and the Governor's rights, as they 
were called, were by the confirmation charters of New York 
accorded to those who should clear and cultivate them. 

Although it might have been supj^osed that the educated 
men in England, in the middle of the eighteenth century, would 
have been sufliciently acquainted with the topography of the 
English colonies in America, to have enabled them to speak 
and act with discrimination on matters pertaining to that sub- 
ject, yet such was by no means the case. It was then custom- 
ary for those occupying places of power and distinction, to 
apply to his Majesty for large grants of land in the colonies 
These applications were generally received with favor, and the 
governors in the American colonies were then ordered to locate 
the amount of land which had been granted, in such places as 
the grantees might choose. By this mode of procedure, most 
extravagant demands were often made of the colonial governors, 
sanctioned by royal authority, and had these demands been in 
all cases satisfied, the result would have been pernicious in the 
extreme.* 

* As instances of the manner in which lands were bestowed by the Crown, 
the following facts may be cited. On the 20th of September, I'lGS, "Walter 
Patterson in behalf of the Right Honorable Stephen Fox, Eai-l of Illchester ; the 



1767.] CUMBEKLAiro COUNTY. 141 

Although the Council of New York judged themselves 
authorized to dispose of the territory between Connecticut river 
and Lake Champlain, they were still willing to hear the remon- 
strances which were frequently made by those in possession 
under New Hampshire gi-ants. Various petitions had already 
been presented for tracts of land on the west side of Connecticut 
river, which had been previously granted in townships by the 
government of New Hampshire. The Council conceived that it 
would be improper to reply to these petitions, until they should 
be apprised of the interests which would be aflected by the answer 
they might give. They therefore decreed, on the 12 th of Febru- 
ary, 1767, that all proceedings on the petitions which had been 
oftered, should be suspended, " until the appearance before his 
Excellency in Council, of such principal proprietor or proprie- 
tors of each respective township duly authorized to sue out a 
grant for the same in behalf of all the persons interested therein, 
and sufficiently prepared to give the fullest information to the 
Board respecting the shares of the several claimants."* 

Meantime, the act by which the county of Cumberland was 
established, had been, agreeable to the laws and statutes of 
England, " transmitted to his Majesty for his royal approbation 
or disallowance." "Whether the act itself was informal, or 
whether the formation of a county without first consulting the 
home government was regarded as an encroachment on the 
kingly or parhamentary prerogative, does not appear. It is 
plain, however, that the conduct of the Governor and Council 
in this instance, was not viewed with favor. The lords of the 
Privy Council for plantation affairs reported adversely to the 
act, and pursuant to their advice, the King, on the 26th of June, 

Right Honorable Henry Fox, Lord Holland ; Charles Lee, Esq. ; Clotworthy 
Upton and himself," petitioned Governor Henry Moore of New York, that the 
20,000 acres of land which " His Majesty in Council" had been " graciously 
pleased to order to be granted to each of them in the Province of New York," 
might be located as follows: — 20,000 acres in the townships of Fulham and 
Putney, 20,000 acres in the townships of AVeathersfield and Windsor, 20,000 
acres in the townships of Hertford and Hartford, 20,000 acres in the townships 
of Brattleborough and Guilford, 20,000 acres in the township of Fairlee, and 
between that and Newbury. Sir Henry Moore, who had lately been appointed 
Governor, did not arrive in New York until the 12th of November following, 
and Lieut. -Gov. Golden, in whose hands the administration of affairs was then 
placed, did not deem it expedient to obey the royal order, and the petition was 
laid aside. — N. Y. Colonial MSS., Land Papers, voL xix. 

* MS. Council Minutes, in office Sec. State, N. Y., vol. xxix. Doc. Hist. N. Y., 
iv. 588, 589. 



142 HISTOKY OF EASTEEN VERMONT. [1767, 1768. 

declared it " void and of none eflect." This decision was com- 
municated to the Governor of Xew York, and by him was pub- 
lished to the inhabitants of the province, on the 3d of December 
following. This proceeding was shortly after followed by another 
equally unfavorable to the interests of ISTew York. Owing to a 
number of representations which had been made by parties in- 
terested in the lands which had lately been declared to be part 
of that province, the committee of the Council for plantation 
affairs counselled the King to command the Governor of New 
York, by " the most positive orders," to desist from making any 
grants of that part of the territory lying west of Connecticut river, 
which had been chartered by Governor "Wentworth. An order 
in Council to this eifect was accordingly issued on the 24th of July, 
and his Maj esty 's " highest displeasure" was denounced against 
the Governor, in case he should fail to observe these instructions.* 
"When the repeal of the act by which the county of Cumber- 
laud had been established, became known, numerous applica- 
tions, representing "the distress and great inconveniences" 
under which the inhabitants of that part of the country were 
laboring "through the want of a due administration of justice," 
were again made to Governor Moore, and relief was sought for 
in terms which could not well be denied. The subject was 
referred to the provincial Council, and as the result of their 
deliberations, the Governor was advised, on the 10th of Febru- 
ary, 1768, to direct the Attorney-General to prepare a draft of 
an ordinance for erecting the lands which had been comprised 
within the former county, into another county of the same 
name. In accordance with the royal will, letters patent esta- 
blishing the county of Cumberland were soon after presented to 
the Council, and after amendment were, on the 18th of March, 
ordered to be engrossed. To this instrument the " Great Seal" 
of the province of Kew York was affixed on the 19th, and the 
county of Cumberland was again a fact.f On the inhabitants 
were bestowed all the "powers, privileges, and immunities" 
enjoyed by the inhabitants of the other counties in the province, 
and permission was given them to erect at tlieir own charge a 
court-house and jail to be located in the township of Chester, 
which being nearest to the centre of the county, was declared 

* Doc. Hist. N. Y., iv. 60S-611. MS. Council Minutes, in office Sec. State, K 
Y., xxvL IIG; xsix. 250. 

^ The boundaries of Cumberland county under the second charter, have been 
previousl}- recited on page 2. 



1768.] LAWS RELATIVE TO FELLIXG TIMBEE. 143 

to be " most convement for that purpose." To cany out the 
provisions of the new charter, courts were established on the 
same basis as before ; civil officers were nominated to manage 
the affairs of the county ; and with the approbation of the 
Council of the province, commissions were issued on the 7th of 
Ajjril, to those who had been selected for office.* 

During the first quarter of the eighteenth century, the atten- 
tion of the Board of Trade in England had been particularly 
directed to the evil results which would be likely to follow in 
case the inhabitants of the province of New York should be 
inhibited in the use of certain kinds of timber which to them 
were of especial value. " One of the methods already thought 
of for making this province more useful as to naval stores," 
wrote the learned Cadwallader Golden, in the year 1723, " is a 
severe prohibition of cutting any white pines fit for masts. No 
doubt the destroying of so necessary a commodity ought to be 
prevented, and it would be difficult to frame a law for that end 
with many exceptions or limitations, which could be of much 
use. On the other hand, when the literal breach of the law be- 
comes generally unavoidable, it must lose its force. The lands 
of this province are granted, upon condition that the grantee, 
within three years after the grant, effectually cultivate three 
acres for every fifty granted, and it will not be supposed that it 
is the intent of the law to put a stop to cultivating the land, 
which, however, cannot be done without destroying the timber 
that grows upon it. One at first is ready to fear that the poor 
planter is under a sad dilemma. If he does not cultivate, he 
cannot maintain his family, and he must lose his land ; if he 
does cultivate, he cuts down trees, for which he is in danger of 

* Book of Commissions, in office Sec. State, IST. Y., 1V51-17Y0, v. 3G3, 374: 
Council Minutes, 1765-1783, xxvi. 116, US, 119. Laws of N. Y., 1768, p. 469. 
Doc. Hist. N. Y., iv. 611. 

Little is known concerning the court and county records of Cumberland 
county before the year 1775. That there were such records, there can be no 
doubt. On a deed which is still extant, made by Thomas Chandler of Chester 
to Ebenezer Holton, is inscribed this technical endorsement : ' Received 
for Record, January y® 8th, 1770, and Recorded in the Records of Deeds for the 
County of Cumberland, Lib. A. Folio 79, and examined. John Chandler, Clerk.- 
The Hon. Harry Hale of Chelsea, Vt., in a letter to the author, dated December 
Ist, 1852, conveys the following information on this subject: — "In 1833-4-5," he 
writes, " I was county clerk of Orange county, and recollect seeing some curious 
records of the old Cumberland county in the clerk's office, where they may, pro- 
bably, now be found." Further enquiry has elicited no new facts on this subject, 
and it is doubtful whether the " curious records" are now in existence. 



l-ii HISTORY OF EASTERN VERMONT. [1763-1768. 

being undone by prosecution and fines. Tlie inhabitants can- 
not build houses without pine for boards and covering, nor send 
vessels to sea without masts. It cannot surely be the intent of the 
Legislature to put the inhabitants under such extreme hardships 
by denying us necessary timber while we live in the midst of 
such forests as cannot in many ages be destroyed — and the more 
that the King for whose use these trees are reserved, does not, nor 
has not made use of one tree for many years in this province. 

" But suppose," continued this prudent adviser, " the people 
could be restrained from cutting any white pines, it will not 
answer the end for which it was designed, for if the King were 
to send people to cut down masts in tlie place where they grow, 
and to transport them to such places where they can be carried 
by water, the charge will amount to treble the sum they might 
be bought for at New York, if the canying of them were left 
to the inhabitants themselves. The King in this case must 
have a great many hands and overseers in constant pay. He 
must buy horses, oxen and carriages, and maintain them or hire 
them after the most chargeable manner, whereas the country 
people carry these trees in the winter upon the snow and ice 
when they cannot labor in the ground, and are glad to make a 
little profit at any rate."* 

With such reasoning as this, did one in whose mind were 
ever uppermost the interests of the province of which he was a 
citizen, and over which he was subsequently stationed — with 
such reasoning as this, did he strive to hinder the passage of a 
law whose evil effects he plainly foresaw and correctly foretold. 
Notwithstanding these efforts, the restriction was promulged, 
and became afterwards a favorite measure in the short-sighted 
policy of the home government towards the American colonies. 
In the charters which were subsequently issued by Governor 
Wentworth of New Hampshire, in the King's name, granting 
by townships the land lying between Connecticut river and 
Lake Champlain, a special condition was inserted, by which 
" all white and other pine trees" fit for masting the royal navj*, 
were to be " carefully preserved for that use," and none were 
to be " cut or felled" without special license. In case of disobe- 
dience, the right which the grantee might have in the township 
where the offence was committed, was to revert to the King, 
and the offender was also declared " subject to the penalty of 

» Doc. Hist. N. Y., i. 719, 120. 



1Y63-1T68.] CONDUCT of governor wentworth. 145 

any act or acts of Parliament" -which were then or might there- 
after be enacted. A similar clause was inserted in the confir- 
mation and other chapters which were afterwards issued by the 
province of New York. To the " Surveyor-General of his Ma- 
jesty's Woods" was entrusted the enforcement of this restriction, 
and the prosecution of those who should disobey it. 

In answer to the proclamation of Lieutenant-Governor Golden, 
issued on the 28th of December, 1763, asserting the right of 
New York to jurisdiction as far eastward as Connecticut river, 
founded on the grant of Charles II. to the Duke of York, Go- 
vernor Wentworth, as has been before stated, had published a 
counter-proclamation, on the 13th of March, 1764, declaring that 
the grant to the Duke of York was obsolete, and that the westei'n 
bounds of New Hampshire were co-extensive with those of Mas- 
sachusetts and Connecticut. When by a special Order in Coun- 
cil, under date of July 20th, 1764, the title of the Duke of York 
was confirmed, and Connecticut river was fixed as the dividing 
line between New York and New Hampshire, Wentworth, in his 
gubernatorial capacity, submitted to the decision. In his private 
conduct, however, he showed esj)ecial favor to those who stiU 
acknowledged the jurisdiction of New Hampshire over the 
" Grants," as the territory west of the Connecticut was called. 
John Wentworth, who, on the 11th of August, 1766, succeeded 
his uncle, Benning Wentworth, as Governor of New Hampshire, 
succeeded him also in the ofiice of " Surveyor-General of His 
Majesty's Woods in all and singular His Majesty's Colonies and 
Plantations in North America." The former Governor, as Sur- 
veyor-General, "had been charged wdtli neglect of duty, and with 
indulging his deputies in selling and wasting the King's timber." 
Tlie new Governor, unwilling to incur a similar imputation, de- 
termined to pursue a difi'erent course. For the purpose of 
becoming acquainted with the condition of the wooded land, 
with the care of which he as surveyor was charged, " he fre- 
quently ti-aversed the forests," and thus obtained the informa- 
tion which he needed, by personal examination. But the sj^irit 
of malice which had actuated the uncle in his conduct towards 
those settlers on the " Grants" who acknowledged the jurisdic- 
tion of New York, was not wanting to the nephew. The proof 
of this will hereafter appear.* 

* Doc. Hist. N. Y., iv. 558-660, 570-572, 574, 575. Belknap's Hist N". H., 
iL 337, 338, 345. Thompson's Vt, Part II. p. 224. 

10 



146 HISTORY OF EASTERN VERMONT. [1763-1768. 

The townsliip of Windsor had received its fii'st charter from 
the province of New Hampshire, on the 6th of July, 1761. 
After the passage of the order in Council of July 20th, 1764, 
another charter had been granted by New York, on the 7th of 
July, 1766, and with it eight hundred acres of land additional. 
Although the second patent had been bestowed on the motion 
of some of the most influential citizens in the place, yet many 
of the inhabitants were opposed to the jurisdiction of New York, 
and denied the authority of the courts which were afterwards 
established by that province. In this township, situated on the 
west side of Connecticut river, and in the township of Cornish, 
situated on the opposite bank, there were growing, in the year 
1768, the finest forests of white pine trees to be found on the 
borders of that stream. The owners of the land whereon these 
forests grew, being for the most part friendly to the jurisdiction 
of New Hampshire and opposed to that of New York, found it 
easy to obtain from the Surveyor-General or his deputies, certi- 
ficates permitting them to fell cei'tain trees " unfit for his Ma- 
jesty's service," and to appropriate them to their own use. 
Thus were they busy, day after day, in cutting and putting into 
the river, timber which was afterwards to be floated to the most 
convenient markets. Among those who refused to join with 
their neighbors in denying the authority of New York, were 
Capt. William Dean and his sons, AYillard Dean and WilKam 
Dean Ji*. Wishing to procure some pine timber, not reserved 
by law, and observing with what ease certificates were obtained, 
Capt. Dean applied to Daniel Jones, a justice of the peace, re- 
siding at Hinsdale, New Hampshire, Benjamin Whiting of 
Newbury, and others of the Smweyor-General's deputies, to 
survey some trees for him and give him a permit to cut such as 
they might deem unfit for his Majesty's service. These appli- 
cations were in all cases accompanied by the customary offering 
of fourteen shillings, proclamation money, per diem. 

After vain solicitations on the part of Capt. Dean, at various 
times during four months, for a written permission, Whiting 
gave him verbal leave to cut such white pines as were unfit for 
the King's use. Dissatisfied with this license, Caj)t. Dean re- 
paired to Governor Wentworth, the Surveyor-General, informed 
him of the efiforts he had made to procure a proper certificate 
from the deputy surveyors, and of the ill success he had met 
with, and desired that a special deputy might be appointed to 
make the necessary examination and grant his lawful request. 



1769.] PKOSECUTION OF THE DEANS. 147 

"Whiting, wlio was present on this occasion, promised Capt. Dean 
in the presence of the Governor, that he would survey the 
timber for which he had appHed, and give him a certiticate 
within a fortnight from that time, specifying the trees which he 
might deem unfit for the King's use. On returning home, Capt. 
Dean found that his sons, in consequence of the verbal hcense 
obtained from Whiting, had felled seventeen trees, much inferior 
in size to many which had been cut by his neighbors, and to all 
appearance unsuited for naval purposes. Liformation of this 
circumstance having been carried to Governor Wentworth, he 
immediately set out for Windsor, for the purpose of punishing 
the Deans. On his way thither, " he rode through a pine forest 
in Cornish and dined in the midst thereof at the house of 
Samuel Chase, Esq., and must thereby have had a view of the 
notorious destruction of the same, as the pines, felled, lay on the 
ground on each side of the road, and around for many acres." 
Still these sights did not withdraw his attention from the end 
which he had proposed. Tlie friendship of the Deans towards 
the government of New York was to him a graver ofience than 
that suggested by the evidences of destruction which surrounded 
him, and the opportunity of satisfying a grudge by the use of 
apparently legal means, was too good to be postponed to causes 
which should have demanded his most serious attention. 

A prosecution for " trespassing against his Majesty by cutting, 
feUing, and destroying many white pine trees" on lands in 
Windsor, was commenced against the Deans in the court of 
Yice- Admiralty for the province of jSTew York. Writs were 
granted by the Hon. Richard Morris, Judge of the Yice- 
Admiralty, and were placed for execution by Thomas Lud- 
low, Provost Marshal in the same judicatory, in the hands of 
Whiting, who at the same time was made Deputy Marshal. 
Armed with the authority of the law, and a brace of pistols. Whit- 
ing, on the 29th of August, 1769, entered the dwelling-house of 
Capt. Dean, who was at that time at Springfield, Massachusetts, 
and without any opposition arrested his two sons. On the 
evening of the same day he delivered the prisoners to the care 
of his assistants, Benjamin Wait and Samuel Patrick, whom he 
supplied with pistols and ammunition ; and having commanded 
them to fire on the prisoners if they should endeavor to escape, 
or take advantage of any attempted rescue, he departed. 
Wait and Patrick remained on guard until the next morning, 
when the former delivered his pistol to James Rosebrook. 



148 HISTORY OF EASTERN VERMONT. [1Y69. 

During the day, while the prisoners were preparing for their 
journey to New York where they were ordered to appear for 
trial, they were watched by Patrick and Rosebrook. Towards 
evening, Solomon Emmons and David Getchel made their 
apj)earance, and informed the last mentioned keepers, that by 
the order of Israel Curtis, a justice of the peace, they had 
come to stand guard during the night. The pistols were 
accordingly delivered to Emmons and Getchel, with orders to 
fire as before. 

On the morning of the 31st, as William Dean Jr. was stand- 
ing in the outer doorway of his house, in which he had for two 
days been a prisoner, Israel Curtis came up. Dean desired 
him not to enter. Curtis, upon this, seized Dean, and jjushing 
him a considerable distance, vociferated, " You blockhead, you 
rascal, how dare you bid me not to come into your house ? Don't 
you know that I am a justice of the peace ? I have a right to 
break into your house and break all the locks that are in it, 
and have a right to pull your house down over your head, and 
by the living God, I will make you know it in less than one 
month." Tliereupon, Curtis took the pistols from the guards, 
and gave them to Enoch Judd and Elnathan Strong, with 
ordere to fire the prisoners through, or " break their bones with 
clubs" should they attempt to escape. Terrified by such 
language and commands, Mrs. Dean, the wife of the prisoner, 
" fell into a fit," from which she did not recover for several 
hours. A little before noon of the same day. Whiting came again 
to the house, and having placed the prisoners in the care of 
Wait and Rosebrook, ordered the party to proceed to Hinsdale 
on their way to the city of New York. This order they 
obeyed. 

On the evening of September 1st, the guards with their 
prisoners having reached Westminster, were there met, at the 
inn of Ephraim Ranney, by one John Grout, an attorney-at-law 
in Cumberland county. Having been informed by the Deans 
of the misery of their condition, of the ill usage they had 
received, and of the restraint under which they had been kept. 
Grout asked the guards whether the prisoners had behaved 
improperly or shown a disposition to escape. Being answered 
in the negative, he declared that prisoners ought not to be 
carried under the "terror of death," nor "threatened with 
beating," provided they conducted with decorum while in 
custody, and were submissive to their keepers ; that Whiting 



1769.] PKOSECUTION OF THE DEANS. 149 

was much at fault, in suflering tlie prisoners to be treated in 
such a barbarous manner; and tliat they, the prisoners, had the 
right, should they choose to exercise it, of bringing an action 
against the guards for abusing the privileges of their office. 
The conversation being renewed on the morning of September 
2d, Grout asserted that prisoners taken on a mesne process, 
" ought not to be carried to prison under terror of fire-arms, and 
that in case they should attempt to escape, their keepers would 
have no right to kill them, or to disable them by firing on them." 
He then asked the Deans whether they would promise not to 
make any attempt to escape. To this question they replied 
affirmatively. He then endeavored by threats and promises to 
persuade the guards to unload their pistols. In this attempt 
he succeeded, but was unable to make them burn theii* ammu- 
nition. He also counselled the guards to treat the prisoners 
with kindness, and the prisoners to be obedient to their keepers, 
and by no means to attempt to escape. The prisoners, who 
were almost destitute of money, requested Grout to repair to 
Springfield, Massachusetts, and obtain for them pecuniary 
assistance from their father. Having accepted the commission 
he soon after started on his journey. The guards with their 
prisoners were not long in following, and on arriving at Hins- 
dale in the evening, w^ere rejoined by Grout, who had arrived 
before them. 

While Wait and Rosebrook were engaged in conducting their 
prisoners from Windsor to Hinsdale, Whiting, on mformation 
presented to Governor Wentworth by Daniel Jones, a deputy 
surveyor, had, with the assistance of Amos Tute, one of the 
coroners of Cumberland county, arrested Ebenezer Fisher of 
Bratiieborough, on Saturday', September 2d, charged with the 
same offence which had been imputed to the Deans. On the 
evening of the same day. Whiting went with his prisoner to 
the house of Samuel Wells, who resided in Brattleborough, and 
who was one of the judges of the inferior court of Common 
Pleas. Having informed him of the arrests he had made on 
process from the court of Vice-Admiralty, he told him that he 
should expect his aid as a magistrate, provided there should be 
occasion for it. In reply, Wells expressed his dislike to the 
proceedings, and said that they were "spiteful or malicious 
actions," and were owing to Governor Wentworth's dishke to 
the people on the west side of the Connecticut. Continuing the 
conversation, Wells asked Whiting by which way he intended 



150 HISTOEY OF EASTERN VERMONT. [1T69. 

to carrj liis prisoners to Ise^^ York ; whetlier tlirougli Massa- 
chusetts and Connecticut, or through the woods to Albany. 
Whiting made answer that he was undecided as to the route 
he should pursue, and remarked that Jones and Grout had told 
him, that bj the laws of Massachusetts there were regulations 
by which officers of other governments could convey prisoners 
through that province, if necessary. Wells replied that he 
knew of no such regulations, but if there were any such, he 
should advise him to go by that way, as the travelling would 
be much easier than by the road through the woods to Albany, 
which was but little travelled, and for a part of which a guide 
would be indispensable. Having learned on whose information 
Fisher had been arrested, and Fisher having stated that he had 
taken only such trees as had been blown down years before, 
and such as were partly decayed. Wells told Whiting that he 
was inclined to believe the prisoner's statement, as he knew of 
his having such logs in his possession, and that he had brought 
none other than such to his saw-mill. He added, moreover, that 
the conduct of Jones appeared to him " malicious and vexa- 
tious." Whiting then observed that he had no power to release 
Fisher, but that Jones probably had ; and desired Wells to meet 
him and Jones at the house of Amos Tute in Hinsdale,* on the 
Monday following, for the purpose of consulting in reference 
to the prisoner's enlargement. To this proposition Wells 
assented. 

In connection with the conversation above detailed, Wells 
asked Whiting whether he had any means of procuring the at- 
tendance of witnesses, and who the witnesses were. Whiting- 
answered that he had with him blank subpoenas, which he 
should fill up with the names of those Avho could prove what 
was alledged against the prisoners, and serve. According to 
the terms of these subpoenas, witnesses were required to obey 
the directions they contained under the penalty of one hundred 
pounds. This representation having given rise to debate. Wells 
read from Jacob's Law Dictionary under the title Subpoena, to 
the effect that the penalty was inserted " in terrorem^'' and was 
not recoverable of the witness in case he should not attend 
agreeable to the summons. It further appeared in the course 
of conversation, that the witnesses, although commanded to ap- 
pear in the city of New York, were to receive but two or three 

* Now Vernon. 



1T69.] rEOSECUTioN of the deans. 151 

shillings to compensate them for their loss of time, and defray 
the expenses of their jom-ney. 

At the close of this conference, Whiting proceeded to Hins- 
dale, where he fomid Grout in consultation with the Deans, who 
with their keepers had that day come from Westminster. 
Tiii-ning to Whiting, Grout endeavored to persuade him to go 
with his prisoners through the provinces of Massachusetts and 
Connecticut. In support of this advice he mentioned the diffi- 
culties which beset the way through the mountains to Albany, 
the excellence of the other route, the license contained in the 
laws of Massachusetts and Connecticut, allowing officers of other 
jurisdictions to convey prisoners through those provinces, and 
the legal right which the guards would have, should they adopt 
the course recommended, to require the assistance of the people 
of the county through which they might be passing, in case an 
attempt should be made to rescue the prisoners. Wait then told 
Whiting that Grout had said at Westminster that he, meaning 
Whiting, " had no right to carry fire-arms when he had any 
prisoner in his custody." IJjJon hearing this statement. Grout 
not only acknowledged it as his own, but reiterated it, and added 
that he would make Whiting comprehend its meaning. 

On Sunday morning, September 3d, Whiting informed Grout 
that he intended to set out for Albany with his prisoners, on the 
Tuesday following, by the way of the woods. Grout in reply 
acquainted Whiting with his business at Springfield, and desired 
him to tarry at Hinsdale until his return, which he fixed on 
Tuesday night. Whiting made no promise, and Grout soon 
after set out on his journey down the river. 

Early on the morning of the 4th, by previous agreement, 
Wells repaired to Hinsdale and there met Whiting and Fisher. 
As the object of this meeting was to consult with Jones, the 
deputy-surveyor, in regard to the release of Fisher, and as Jones 
resided on the opposite side of the river. Whiting, in company 
with Major John Arms, the High Sheriflf of the county, crossed 
over to find him. During their absence. Wells took the pri- 
soners into an adjoining orchard and engaged them in conversa- 
tion. Meantime, Wait observed the whole proceeding, as he 
stood before the door of the house where his party were lodged. 
The interview being ended. Wells inquired of Wait concernmg 
the route by which he supposed the prisoners would be conveyed 
to New York. On being told that they would probably be 
taken across the mountains, he remarked that it would be easier 



152 HISTORY OF EASTERN VERMONT. [1769. 

to go dowu the river, as they would thus gain the advantage of 
" a good road all the way." AVait then remarked that Whiting 
had not decided when he left Windsor, upon the course he 
should pursue in travelling. Wells answered, that if Whiting 
had decided to pass through Massachusetts, and Grout had 
known of it before his departure, he would probably have lain 
in wait at Springfield and rescued the prisoners. Such a trans- 
action Wait declared would only have created trouble and 
increased the costs of the trial, as the prisoners would have been 
pursued and again arrested. By this time Whiting and Arms 
had returned. Satisfactory explanations having been given, 
Fisher was by Jones's direction released, and allowed to depart 
without any recognizance. Wells then repeated, in substance, 
to Whiting what he had before said to Wait in reference to the 
intended journey, telling him among other things, " that he 
would never get across the woods, and had much better go 
down the river where he could go in a canoe or have a good 
road all the way." He however advised him, in case he should 
go by the mountain road, to get one Stockwell for a pilot, who, 
he said, was reputed to know the way well. 

On the afternoon of the 5th, which was Tuesday, Whiting and 
his party started on their journey. At the time of their depar- 
ture Grout was still absent. On their way through Brattle- 
borough they met Sheriff Arms at Wells's saw-mill, which was 
situated beside the highway, and from him received an invita- 
tion to stop at his house when they should reach it, and take 
some refreshment. On arriving at his house, a dinner was pro- 
vided for them, and on sitting down at the table, they discovered 
that Wells and Daniel Whipple were also guests of Major Arms. 
During the repast. Wells sent to his house for rum, "and 
having made some liquor they all drank and conversed freely 
together." At the request of Whiting, Wehs advised the pri- 
soners, as they had but little money with them, to give Whiting 
an obligation under their hands, for the repayment of what he 
should expend for them on the road. To this proposal they 
agreed, and Wells having written the obligation, they executed 
it. As conversation became less restrained, owing in part to 
the excellence of the " hquor," Wells told Whiting that had he 
gone through Massachusetts, he thought Grout would have arrest- 
ed him on behalf of his prisoners for false imprisonment, and 
that the prisoners would have been set at libei-ty. In the same 
manner, others of the company bantered him, until growing 



1T69.] A RESCUE THREATENED. 153 

angry, he intimated that Wells had sent Grout on his errand to 
Springfield, told him " he was a pretty devil of a judge to at- 
tempt to serve him in that manner," and further declared, that 
it was his duty as a magistrate, " rather to assist an officer with 
prisoners, than to try to lead him into a snare." To these un- 
courteous remarks Wells replied, " that, so far from leading him 
into a snare, he never knew that Grout had gone to Massachu- 
setts, until Whiting had so informed him." " Had I sent Grout 
to Springfield," said he, " do you think I would have advised 
you not to go that way ?" Changing his tone, he declared that 
the arrest of the Deans was " but a bad or a spiteful action," 
that he was determined to assist them to the extent of his power, 
and intimated his regret that he was not able to set them free. 
Whiting seemed satisfied with the former part of this explana- 
tion, and, the dinner being ended, requested Wells to accompany 
him two or three miles and show him the road to Albany, with 
which request he comphed. As they were proceeding on their 
journey, the prisoners on foot being unable to keep pace with 
Whiting who was on horseback, were told by him, that unless 
they travelled faster, he would fasten them together with ropes 
or straps, and throwing them across his horse would carry them 
in that way, or would tie them to the animal's tail in order that 
they might learn the proper step. Wells then counselled them 
to make as much haste as they could conveniently, to be 
obedient to their guards, and by no means to attempt an escape. 
With this advice they promised to comply. Before parting. 
Whiting remarked to Wells that his advice had caused the 
prisoners to walk much faster, and thanked him for all the 
favors he had shown him. 

Whiting conveyed his prisoners that day as far as Marl- 
borough, and obtained lodgings at a kind of a half inn kept by 
one Stowell. During the night, the small log-house which 
they occupied was beset by a body of men from Brattleborough 
and Guilford, who broke into the lower part and behaved in a 
very riotous manner, swearing they would release the Deans 
or pidl down the building, and at the same time uttering many 
violent threats against Whiting. This tumult was owing to the 
language which Whiting had used to his prisoners in the pre- 
sence of Wells, and which Wells had reported on his return 
home. When the mob had been informed that the Deans had 
not been treated with the violence which had been threatened, 
they made no further trouble. 



154 HISTORY OF EASTERN VERMONT. [1769. 

On the morning of the 6th, "Wells, who had received a 
message from Sheriif Arms, announcing the tumult of the pre- 
ceding night, immediately mounted his horse, and with the 
sheriff rode to the place where "Whiting and his party had 
lodged. Being assured that the people had dispersed without 
committing any acts of violence, and having collected such 
information as suited their magisterial purposes, they returned. 
"Warrants were soon after issued for the arrest of the three 
principal leaders, and two of them having been taken, were 
bound by recognizance to appear at the next general session 
of the county court. "Wells declared openly that those engaged 
in the disturbance ought to be severely punished, and that he 
would do all within his power to bring the guilty ones to 
justice. 

Grout, who had left Hinsdale on Sunday morning, arrived at 
Springfield the next day, and informed Capt. Dean of what 
had befallen his two sons, of their extreme destitution, and of 
the determination of "Whiting to leave with them for jSTew 
York by the way of the woods on the noon of the following 
Tuesday. On account of a cause depending before the inferior 
court of Common Pleas then sitting at Springfield, to which 
Dean was obliged to attend, he was not able to reach Hinsdale 
until Tuesday night. Finding that Whiting had left with the 
prisoners. Dean proceeded to Brattleborough, where on "Wed- 
nesday morning he saw Wells. Understanding by him and 
othei's, that the process issued from the court of Admiralty was 
against him as well as his sons, he, by Wells's advice, set out for 
New York to surrender himself to the Marshal, and take trial 
with his sons. When within about thirty miles of that city, he 
overtook Whiting, who placed him in custody, and on arriving 
at the place of destination, lodged him and his sons in jail. 

On the application of Capt. Dean and his sons, James Duane 
of the city of !New York, who believed the prosecution to be 
hard and unjust, undertook their defence as Proctor in the 
Yice- Admiralty court. Being of opinion that they could not be 
held to bail on such a prosecution, he moved that they should 
be discharged on entering their appearance. This motion the 
court overruled, and ordered them to be held to bail in a large 
sum. Not being fortunate enough to procure the s]3ecified 
bail, they were imprisoned. Finding that they should be 
utterly unable to pay the expenses of a trial, they petitioned 
the judge of Admiralty to give judgment against them, which 



1769,1770.] AN EXECUTION ISSUED. 155 

was done. Being equally unable to pay the fines and costs 
which were imposed on them as the result of their default, they 
were recommitted to prison, where they remained for several 
months. During this time, as the little money they had brought 
with them, and received from the sale of their horses, was 
expended, and as they had no means of purchasing food, they 
desired Duane to intercede with the judge of the Admiralty hi 
their behalf, and by his order to j)rocure for them an allowance 
of bread and water, to which they were entitled as prisroners at 
the suit of the Crown. The judge having declared that he 
had no right to direct such a supply, Capt. Dean entered into 
negotiations with his friend Wells for the sale of his effects on 
his farm at Windsor, in order to raise money therefrom for the 
support of himself and his sons. In answer to Wells, who con- 
sulted with him on the subject, Duane expressed his approba- 
tion of the act as one that was both legal and philanthropic. 
That no disadvantage through misrepresentation or otherwise, 
might attach to Wells on account of the share which he M'ould 
bear in the transaction, Duane waited upon the judge of the 
Admiralty, and laid the whole matter before him. The judge 
made no objection to the proceedings, nor did he in any man- 
ner evince his dislike thereto. Li consequence of this informa- 
tion, Capt. Dean, on the 14th of November, pending the suit, 
gave Wells a bill of sale of all his household goods and personal 
estate, the proceeds from which enabled him to support him- 
self and his sons in prison. When the trial came on, the judge 
having decided that the defendants had been guilty of the 
charges alledged against them, and therefore had incurred the 
penalties of the statute in that case provided, directed an 
execution against their goods and chattels, but these having 
been previously alienated to Wells, the recovery of the penal- 
ties was rendered impossible. 

While matters were in this condition. Governor AYentworth, 
on the 10th of February, 1770, wrote to Lieutenant-Governor 
Colden, condemning in strong terms Wells's conduct. After 
summing up his misdemeanors, he concluded on that subject in 
these words : " Attempting to mislead an oflacer, countenancing 
open, daring trespassers, and aiding in throwing the charge of 
their prosecution on the Crown, are so heinous in any subject, 
but in a judge so highly ruinous and dishonorable to the service, 
that I think it my duty to the king, herein again to assure" you, 
that every public mischief must result to the department of 



156 HISTOKY OF EASTEKN VERMONT. [1770. 

Surveyor of Woods, if ]\Ir. Wells cloath'd with the power and 
influence of magistracy, may still be an example of counteract- 
ing and frustrating such useful and essential laws with impunity." 
The remainder of the letter was occupied with eulogiums on 
the "just, legal, and impartial administration of the court of 
Vice- Admiralty," regrets at the unhappy state of feeling then 
existing among the inhabitants of the New Hampshire Grants, 
and promises of assistance in supporting law and order. 

Accompanying this communication W' as a memorial of the 
same date from Governor Wentworth as Sm*veyor-General to 
Lieutenant-Governor Golden and the Coimcil. In defence of 
the proposal which was to follow, he declared that by "the 
express terms" of the charters issued " under the public seal of 
New Ilampshire," lands were to revert to the king, " with 
right of re-entry" when those who held them were guilty of 
cutting the pine trees with which they abounded, without first 
obtaining a license. In conformity with this stipulation, he 
desired that the lands in Windsor where the trespass had been 
committed, might be taken from the Deans and escheated to 
the king. He further remarked, that by such a course the 
laws for the preservation of his Majesty's masting timber would 
be more effectually enforced. If other measures, he added in 
conclusion, shall be pursued, " that penalty of the , statute 
which was wisely formed, and which by the experience of 
nearly half a century has in other provinces been found 
effectual," wall be eluded and defied. 

These documents having been read before the Council of 
New York on the 14th of March, an answer to that portion of 
them in which WeUs was charged with misconduct, in advanc- 
ing money on the personal eflects of the Deans, was deemed 
just and proper. Governor Wentworth was in consequence 
informed on the 21st of March, " that the persons who assigned 
the goods were then in prison ; that having no means of sub- 
sistence, Mr. Duane, their counsel at law, advised the assign- 
ment of the goods as necessary for their support, which were 
of small value, and were sold to Mr. WeUs, and the monies 
applyed accordingly; that Mr. Wells declined taking the 
goods, until Mr. Duane assured him he might do it with safety ; 
and that his acceptance of the goods was therefore rather to be 
considered as an act of humanity, than prejudicial to the 
Crown." 

On the nth of August, a committee consisting of William 



1770.] REPORT OF THE COMMITTEE. 157 

Smith, Henry Criiger, and Henry Wliite, were appointed by an 
order of the Governor and Council of the province of New 
York, to consider the letter and memorial of Governor Went- 
worth, and the accompanying documents. In answer to the 
tirst charge brought against Mr. Wells, namely, that he endeavor- 
ed to frustrate the arrest of certain persons lawfully prosecuted, 
the committee, after examining his own declaration and the 
depositions of a number of witnesses, replied in these words : — 
"We cannot see sufficient cause to advise, either a removal 
of Mr. Wells from the places he holds, or any prosecution 
against an officer, who we are informed sustains a fair character, 
even in a district where there are not wanting some persons, 
to whom, from their attachment to the imjustifiable claim of 
the province of New Hampshire, and his zeal in asserting the 
right and jurisdiction of this colony, he must be peculiarly 
obnoxious." To the other charge alledged against Mr. Wells, 
namely, that he had taken a conveyance of the effects of the 
offenders, pending the suit, to prevent a recovery of the penalty 
which they had incurred, the committee made answer, that 
" parties prosecuted, had by law a right to convey away their 
effects, and Mr. Wells's acceptance of the grant, with the cau- 
tion, and in the circu.mstances, and for the ends proved by Mr. 
Duane, we cannot conceive to be in the least degree criminal." 
The committee further advised, that copies of the depositions 
then in their hands should be sent to Mr. Wentworth, "in 
justification of the conduct of this government, and to show his 
Excellency our readiness to make diligent examination into the 
matters of his complaint." 

In answer to the request contained in the memorial, that the 
lands of the trespassers might be declared forfeited, the com- 
mittee, in concluding their report, replied : — We " conceive that 
advantages of broken conditions expressed in royal grants, are 
to be taken in a legal course, by regular prosecutions against 
the patentee ; and that it would be manifestly improper to order 
any steps for that purpose in the present case, because we con- 
sider the grant which his Excellency refers to, as merely void 
for want of authority in the government of New Hampshire, to 
issue patents for lands (as has been done in many instances) on 
the west side of Connecticut river." 

In this manner ended the foolish attempt of Governor Went- 
worth to gratify his feelings of dislike towards the inhabitants 
of the " Grants," who acknowledged the jurisdiction of New 



158 HISTORY OF EASTERN VERMONT. [1770. 

York, by persecuting a few harmless individuals, wlio, if tliey had 
committed any wrong by trespass, had been diiven to it by the 
neglect of the Surveyor-General's deputies. It does not appear 
that the prosecution against the Deans was continued after the 
Council of 'New York had expressed their opinion so plainly on 
the subject, and it is more than probable that the suit was 
abandoned, when it was found that the real motives of Governor 
"Wentworth, in pursuing the course he had adopted, were more 
deserving of reprobation than of praise.* 

* Doc. Hist. K Y., iv. 621-633, 645-660. MS. Deposition of Ephraim Ranney 
'and Silence, his wife, March 23d, 17Y0 ; also of Rachel Dean, wife of William 
Dean Jr. MS. Council Minutes, in office Sec. State N.T., 1110, pp. 179, 181, 193, 
196-19Y. 



CHAPTER YII. 

PROGKESS OF OEGANIZATIOlSr. 

Gloucester County established — Sessions of the Court at Kingsland — Col. Nathan 
Stone of Windsor — His Conference with CoL Samuel "Wells — Troubles at 
Windsor — Assault on the Sheriff of Cumberland County — Attempt to Overawe 
the Courts — Dislike towards John Grout, an Attorney — Determination to " Throw 
him over the Bar" — Grout taken by the Mob — Carried to Charlestown — 
Thence to Windsor — He refuses to accept the Terms of the Rioters — Escapes 
from Confinement — The Inhabitants of the " Grants" petition the King — Large 
Ti-acts of Land in Hinsdale and Guilford granted by Gov. Tryon to Col. 
Howard — Disturbance at Putney — Attempts at Jail Building by Thomas 
Chandler — Description of the Jails — The People of Cumberland County petition 
for a Removal of the Shire Town from Chester — Chandler's Objections to a 
Change — Subject brought before the Legislature of New York — Act passed for 
erecting County Buildings — Westminster chosen as the County Town — The 
" Old Court House." 

The territory north of Cumberland county had for several years 
been the resort of a " lawless banditti of felons and criminals," 
who found in that distant region a safe retreat from creditors 
and officers of the law. There were also living there, a number 
of poor but reputable people, who, actuated by the desire of 
extending their possessions and enticed by the cheapness of the 
land, had settled almost beyond the bounds of civilization, and 
were striving to subdue the wilderness, and adorn the steeps of 
the Green mountains and the shores of the Connecticut with the 
luxuriance of waving harvest-fields. After the formation of 
Cumberland county, it was generally understood that the re- 
maining portions of the " Grants" were to be deemed a part of 
Albany county. The authority of. the latter county in the dis- 
tinct referred to, was, however, merely nominal, and but little 
respect was paid to officers who issued their precepts at a dis- 
tance of two hundred miles from the place where they were to 
take efi'ect, and then left it to chance or a wandering peddler 
to effect a service. Weary of living without laws, the intel- 



160 HISTORY OF EASTERN VERMONT. [1770. 

ligent and well disposed inhabitants of the new country, sent a 
petition to the city of New York asking for the establishment 
of a county. The subject was taken up in Council, on the 28th 
of February, 1770, Lieutenant-Governor Golden being present, 
and its discussion resulted in the passage of an order, directing 
his Majesty's Attorney-General to prepare the draft of an ordi- 
nance establishing as a separate county by the name of Glou- 
cester, the territory lying north of the north line of Cumberland 
county, and extending from the Green mountains to Connecticut 
river. The ordinance was passed on the 16th of March, and 
from that period dates the formation of the county of Glou- 
cester. At the same time, Kingsland was selected as the county 
town.* 

On the 29th of May following, the first term of the courts of 
Common Pleas and of General Sessions was held at Kingsland, 
which was then little more than a wdlderness. A full bench of 
judges was present, also three of the four justices of the quorum 
and the sheriff, but it does not appear that any business was 
transacted. Tlie court met again at the same place on the 28th 
of August, and after appointing four constables, Simeon Stevens 
for Newbury, Jesse McFarland for Moreto^vn, Abner Howard 
for Thetford, and Samuel Pennock for Strafford, adjourned for 
three months. On assembling at the appointed time, the 27th 
of November, the " eight causes" on the docket were " put 
over ;" the constabulary force of Thetford was increased by the 
addition of Ebenezer Green; Samuel Pennock, Ebenezer 
Martin, Ebenezer Green, and James Allen, were made county 
surveyor, and the session was brought to a close. In the 
following year, on the 25th of February, Judge John Taplin, 
Sheriff John Taplin Jr., and John Peters, who served in the 
doul)le capacity of clerk and justice of the quorum or assistant 
justice, set out from Moretown for Kingsland for the purpose 
of dispensing justice as usual. Owing to the depth of the snow 
they were obliged to travel on rackets, and the difficulty of this 
mode of progression was increased by the want of a road. On 
the second day of their journey, having travelled a considerable 
distance, and being unable to decide as to their situation, except 
that they were " far in the woods," they made a halt and " the 
court was ordered to be opened on the spot." The records of 
the doings on this occasion and at the next session are in these 

* The boiindaries of Gloucester county are given, ante, pp. 5, 6. 



1770.] THE WINDSOR PEOPLE. 161 

words : " The court, if one, adjourned over until the last Tues- 
day in May next, at which time it was opened, and after dis- 
posing of one case of bastardy, adjourned to August next." 
The inconveniences of holding the courts in a locality as unset- 
tled and unknown as Kingsland being evident, an ordinance 
was passed by the Council of Kew York on the 9th of April, 
1772, directing the courts of Common Pleas and General Sessions 
of the peace for Gloucester county, to be held in the township 
of Newbury on the last Tuesday in the months of February 
and August, " during the space of seven years." From this 
time the throne of sovereign law was, doubtless, established in 
greater dignity, and the sceptre of justice regarded with more 
profound respect.* 

Tlie inhabitants of Windsor, most of whom adliered to tlie 
jurisdiction of New Hampshire, were willing that those who 
favored the government of New York should be severely 
punished for misdemeanors, as has been plainly seen in the case 
of the Deans, before recited. They also denied the authority of 
the courts established by New York, and were ever ready to 
resist the execution of precepts issuing therefrom. During the 
month of May in the year 1770, as Samuel Wells of Brattle- 
borough, one of the judges of the Inferior court of Common 
Pleas for Cumberland county, was returning home from a jour- 
ney, he called on Col. Nathan Stone of Windsor, a justice of the 
peace under a New York commission, but at heart and in action 
a cooperator with those who maintained the supremacy of New 
Hampshire titles. As Wells was leaving. Stone mounted his 
horse and accompanied his guest almost to the limits of the 
to^vn. Their discourse happening to turn on the opposition 
which had been made by the people of Windsor to the sheriff, 
who not long before had endeavored to serve some precepts 
there. Stone declared that no writs nor precepts from either of 
the courts of the county should be served in Windsor ; that the 
formation of the county was a sham ; that the patent authorizing 

* Book of Commissions, in office Sec. State N". Y., ITSl-lY'TO, v. 440 ; lY'ZO- 
1789, D. vL 27. Demiiig's Vt. Officers, p. 119. Doc Hist. N. Y., iv. 634, 635. 

Tlie township of Washington, situated in the north-western part of Orange 
comity, comprises the territory, formerly included within the bounds of Kings- 
land. Kingsland was probably chartered early in 1770. Soon after that event, a 
town plot was laid out into village lots near the centre of the town, and a log jail 
was erected. The latter circumstance gave the name of Jail Branch to two 
Btreams which take their rise in Washington. One of these empties into the 
Winooski, the other into Wait's river. — Thompson's Vt., Part IIL p. 182. 



162 HISTORY OF EASTERN VERMONT. [1770. 

its erection -svas a libel, since it contained expressions in regard 
to the inhabitants of the " Grants " which were untrne ; that 
justice could not be obtained in the county because of the cor- 
ruption of the judges and of the other officers ; that the courts 
were ruled entirely by John Grout, an attorney, residing at 
Chester, and that he, Stone, was determined to oppose the 
authority of the courts and the judges so long as he had " a drop 
of blood in his veins." He further informed "Wells that friend- 
ship had induced him to bear him company until he had passed 
most of the settlements in the town, and intimated that should 
Wells ride alone through the town, he would be in danger of 
being assaulted by the people. 

Wells endeavored to convince Stone of the danger of resist- 
ing the administration of justice, and exhorted him to alter his 
determination, telling him, that if the people would for the future 
make no opposition to the free execution of the laws, it would 
be the most likely method to induce the civil authority to pass 
over, "in the tenderest manner," the opposition which had 
already been made. He also remarked, that if Grout or any of 
the justices or officers had committed any wrong, the law 
provided a sufficient remedy, and was the only medium by 
which offenders could be properly punished. To a final obser- 
vation on the part of Wells, expressive of a fear lest Stone's 
determination to withstand the authority of the courts had 
been hastily made, Stone replied, that he had resolved, at least 
five or six months before, to resist the execution of writs ; " that 
while he had life, he would oppose the sheriff, and that the peo- 
ple of Windsor and some other places would join and stand by 
him to the last drop of their blood." 

A few dajs after this interview and before the end of the 
month of May, Daniel Whipple, the high sheriff of the 
county, in order to retake Joseph Wait, Benjamin Wait, JSTathan 
Stone and Samuel Stone of Windsor, who, having been arrested 
by him a short time previous, on a precept from the Inferior 
court of Common Pleas, had been rescued by a number of 
armed men, collected a posse of a dozen or fifteen persons, 
among whom w^as John Grout, and with them repaired to the 
house of Joseph Wait, in order to arrest him. Being informed 
that he was at the house of Benjamin AVait, the sheriff proceeded 
thither. He had gone but a short distance, when he perceived 
a body of armed men approaching. Conspicuous in the crowd 
were those against whom the precept was issued. Accompany- 



ITTO.] RIOTOUS PROCEEDINGS. 163 

ing tliem were David Stone, Steel Smith, Elislia Hawley, Peter 
Levins, Benjamin Thurston, Samuel Gridley, David Getchel, 
Jacob Getchel, ELenezer Hoisington, senior and junior, Simeon 
Mills, Enoch Judd, Ebenezer Curtis, Solomon Emmons, John 
Benjamin, Andrew Korton, Jonathan Noble, John White, 
Samuel "Whiston, Elnathan Strong, Joseph Thompson, Joseph 
King, and Aaron Bartlett, some of whom were office-holders in 
the county, and nearly all inhabitants of Windsor. The party 
appeared to be under the general direction of Nathan Stone, 
who was armed with a sword. Tlie sheriff on approaching 
within hearing distance, made proclamation in form of law for 
them to disperse, but without effect. The rioters, led on by 
Joseph Wait, who for a time assumed command, then made an 
assault upon the sheriff' and his posse, whom they soon over- 
powered. Wait, being armed with a club and pistol, struck at 
Grout twice with the former weapon, but he avoiding the blow, 
Wait levelled his pistol at him, whereupon he surrendered. 
The sheriff and his posse having been conducted to the house 
of Joseph Wait, were informed, that one, at least, of their num- 
ber would be detained as a prisoner until the sheriff, Grout, and 
some others, should enter into bonds in the sum of five hundred 
pounds, to be forfeited if the action on which the sheriff was 
attempting to take them was further prosecuted, or if any 
of the inhabitants of Windsor should be prosecuted at the next 
general sessions for any crimes, whatever might be their nature. 
They also demanded of the sheriff, that he should engage to 
make return upon the process against Joseph Wait, Benjamin 
Wait, Nathan Stone, and Samuel Stone, that those persons could 
not be found in his bailiwick. To these terms the sheriff refused 
to assent. To attempt to force him to a compliance was, to say 
the least, unpleasant. For this reason, and through fear lest a 
continuance of violent measures might bring upon them deserved 
retribution, the rioters released him and his posse, without 
conditions, after having detained them as jDrisoners about seven 
hours. 

On the 3d of June, which was the Sunday before the sitting 
of the courts of the county, Bildad Andros, of Westminster, 
called at the house of Judge Wells, in Brattleborough, and 
showed him a copy of a letter written by Israel Curtis, one of 
his Majesty's justices of the peace by commission from New 
York, and directed to a certain Mr. Webb, of Westminster. 
From this document Wells inferred, that Curtis, Stone, and a 



164: HISTOET OF EASTERN TERMONT. [17T0. 

number of others, from Windsor, intended to assemble at Chester 
for the purpose of disturbing the court and exciting a tumult. 
In consequence of this information, Wells, in company with 
Joseph Lord, his associate on the bench, set out as soon as 
possible for Chester, where they arrived on the evening of the 
4th of Jime, and immediately presented the co-pj of Curtis's 
letter to Thomas Chandler, the first judge of the court, and 
to some justices of the peace who happened to be present. 
After consultation, the magistrates decided, in view of the 
ambiguous terms in which the missive was couched, that they 
would make no preparations to resist an attack, but would pro- 
ceed with business unless prevented by force. 

On the morning of the 5th, which was the day appointed for 
the opening of the court. Col. Stone, accompanied by those who 
a few days before had overpowered the sheriff and his posse, 
appeared " in a riotous and tumultuous manner," at the place 
where the court was to sit. Stone was armed with a sword, 
Joseph Wait " with a dagger or hanger," and the rest of the party, 
thirty or more in number, with walnut clubs. Judge Chandler, 
fearing from their martial appearance that mischief was in- 
tended, mildly demanded of Stone the reason of his being 
armed, and desired him not to carry his sword into court. 
Stone replied to this remonstrance, but in a voice so low, that 
his words were not distinguishable. Tlie judges soon after took 
their seats, and the court was regularly opened. Upon this 
the rioters entered the building without removing their hats, 
and commenced hostile demonstrations. Stone, with his sword 
drawn, accompanied by Wait, who was also armed, approached 
the table before the judges' seat, the rest of the party standing 
a little back from, but facing the bench, and demanded of the 
judges a declaration of the right by which they presumed tc> 
sit there as a court, adding that this demand was made in 
behalf of the public. These remarks were at the same time 
seconded by Wait and Curtis. Some of the judges answered, 
" that the letters patent, or ordinance erecting the county and 
the commission of the pleas," which documents " were always 
read at the opening of the com-t," showed their authority, and 
that those who were seeking satisfaction should have attended 
when these were published. Tlie immediate effect of this 
announcement was to elicit from Stone, Wait, and Curtis, in 
" many arguments," a denial of the authority of the govern- 
ment of New York to establish the county of Cumberland. 



1770.] THE COURT THKEATENKD. I'^S 

To these remarks the court did not offer a reply, but gave the 
rioters to -understand that their presence should not hinder the 
business for which the court had assembled. 

"Wait, who with some others stood indicted for a riot, then 
demanded an immediate trial, which the court did not deem it 
prudent at that time to grant. For this course there was a suffi- 
cient reason. Under the circumstances, any jury which might 
have been empanelled would have been more or less influenced 
in their verdict by the hostile presence of those whom they would 
have been required to try. On the other hand, some immediate 
act of violence it was feared would be the result, should the 
offenders be required to enter into a recognizance to appear at 
the next term. [Notice was accordingly given to the parties 
indicted, that their attendance for the present was no longer 
required. 

Stone, Wait, and Curtis, then moved the com-t that John 
Grout should be forbidden to practise as an attorney, on the 
ground that he was " a bad man." They were told, in answer, 
that the court entertained a contrary oj^inion of Grout's charac- 
ter ; that if they had anything to accuse him of, they might 
apply to the grand jury, and, in such case, the clerk of the 
court would assist in drawing any necessary bill or paper ; or 
they might, if they chose, apply to a higher court ; that Grout, 
if accused, had a right to be tried, but that the court had no 
lawful authority to comply with their request and prejudge 
him, on the suggestion that he was a bad man, unsupported by 
evidence, not even if the suggestion was sustained by a state- 
ment of the particulars of his bad conduct. Stone and Wait 
then said, that they did not accuse Grout in view of a trial, 
neither were they obliged to do so, but that the court might be 
certain that nothing would satisfy them and the people but the 
immediate expulsion of Grout, in such a manner that he would 
never again have the privilege of practising as an attorney in 
that county. Directing his attention more particularly to 
Judge Chandler, Stone added, " if it is not done, we shall do 
something which I shall be sony to be obliged to do, which 
wiE make your Honour repent not complying with our request." 
The court having signified its determination to abide by the 
opinion previously expressed, the rioters began to close around 
the judges' bench, showing signs of a determination to carry 
their point by force. The court finding it impossible to pro- 
ceed with business amid the tumult which was gradually 



166 HISTORY OF EASTERN VERMONT. [1770. 

becoming more fearful, and unwilling that any act of violence 
should be perpetratecl while it was sitting as a commissioned 
judicatory, adjourned to the next day. 

On the day of, and soon after adjournment, Benjamin Thurs- 
ton and David Getchel proceeded to the house of John Chan- 
deler, the clerk of the court, who dwelt in Chester, and in the 
presence of some of the judges, made prisoner of John Grout, 
who had fled there for safety. On the appearance of the rest 
of the rioters, the whole party, under the command of* Joseph 
"Wait, moved oif with their prisoner towards Charlestown, New 
Hampshire, which was twelve miles distant. The journey was 
performed on foot, and was an easy task to the hardy back- 
woodsmen of "Windsor and the adjacent towns, but, to the phy- 
sical capacities of Grout, the quick pace at which his captors 
advanced was in no respect suited. To this discomfort was 
added the indignity which he was compelled to bear, of being 
pulled or shaken at each one's pleasure. At the end of the 
first two miles, meeting with Capt. Utley, a resident of a neigh- 
boring towm, Grout stepped aside to speak with him, but was 
immediately forced back by the rioters, who informed him he 
could speak to no man in private. On reaching Sartwell's 
tavern in Charlestown, where the party remained that night. 
Grout was treated with much attention by the innholder, and 
by the rioters " with as inuch himiility and civility," to use his 
own expressions, " as could be expected under such extraordi- 
nary circumstances," Conversation chancing to turn on the 
events of the day, " we have now broken up the court," 
remarked the rioters, " if we thought we had not effected it, 
w^e would go back and bring away one of the judges." Tliey 
then asked Grout whether he thought the court would continue 
its session in spite of the opposition which had been made ; to 
which question he replied, in order to prevent further violence, 
that he " was sure" it would not. 

On the 6th, the party under the command of Col. Stone, 
proceeded to "Windsor, making most of the journey by water. 
Before leaving Charlestown, Grout w\as assured " that he should 
suffer no bodily hurt," nor " be in the least insulted," but, on 
the contrary, should be treated with respect. " We don't mean 
to injure or hurt you," said Stone ; " you must go to "Windsor 
and be imprisoned at my house, and there you shall experience 
the kindness and generosity of our people." The prisoner 
replied, by expressing a hope that his physical weakness might 



1Y70.] MALTKEATMENT OF GKOUT. 167 

excite compassion. Arriving at "Windsor, Grout was first taken 
to the house of Joseph Wait. Here he was privately addressed 
by Steel Smith, one of the rioters, who informed him he should 
have his liberty immediately, provided he would assent to the 
proposals which should be made him. " You must send for 
your family," said Smith ; " you shall have a farm given you 
here, a genteel house built, and other presents." As he was 
proceeding in this strain. Grout reminded him of his illness, 
and begged him to reserve his remarks for another occasion. 
David Getchel, another of the rioters, commenced a similar 
conversation, but was persuaded to desist. As it was growing 
late, the rioters informed Grout, that he might retire if he was 
so minded. Having availed himself of this permission, Grout 
departed in the company of Stone, amid the good wishes and 
" low bowing compliments" of his captors. 

Having gained the road. Stone endeavored, after the manner 
of Smith and Getchel, to point out to Grout the course which 
he should pursue. Grout again endeavored to change the sub- 
ject, but this time without success. Continuing his remarks, 
Stone informed his prisoner that it would be for his highest 
advantage to listen to his words ; that the people of Windsor 
would assemble on the morrow, and would then expect to hear 
some definite information as to his. Grout's, future movements. 
" You must," said he, " agree not to practise the law in this 
county. We mean that your agreeing to this shall be no dis- 
advantage to you. We will make good all your damages, if 
you will come and hve in this town, and become one of us. 
You will be treated with the greatest respect, and shall have a 
genteel settlement." Grout was at the same time assured that 
no one olijected to his practising his profession in New Hamp- 
shire. Stone having finished his observations, Grout declared 
himself too weak to reply that evening. 

On the morning of the 7th, Stone renewed the conversation, 
and acquainted Grout that he must meet the citizens of Wind- 
sor within a few hours, and inform them as to the course he 
should pursue in view of the offers which had been made him. 
" Yiolence has taken me out of my business," answered Grout. 
" My wife is of a slender constitution. Less trouble than this I 
have heretofore thought would have been too hard for her. The 
circumstances of my transportation will make her think I am 
murdered. My anxiety on her account, and for my family, 
deprives me of the power of speaking, and almost of thinking. 



168 HISTORY OF EASTERN VEKMONT. [17Y0. 

Wliy am I asked, 'What will you agree to V or told I am ' free 
to act mj sentiments.' I am in your power, and you mean to 
impose terms, and mean that I shall agree to them, whether 
willing or not. Under my present circumstances, I can agree 
to nothing. Willingly I take my liberty, if it be offered me. I 
wiU say nothing to your people. Call them only to ask them 
what terms they have to impose, and what punishment they 
will inflict on me, if I disobey them, my masters." 

Such was Grout's reply to the inquiries of the people of 
Windsor. By reason of this answer, he was still retained iu 
custody, not being permitted to write to his wife or any of his 
friends until the letter had been first approved of by his keepers. 
Tlie severest threats were uttered against him, should he attempt 
to escape, and he was assured that, in case he should succeed, 
he would be retaken if he were "anywhere between heaven 
and hell." At the same time all his wants were attended to 
with the utmost care, and the respect which was shown him, so 
long as he remained passive, ai)peared to him more like the 
result of flattery than of true regard. In spite of the precau- 
tions and menaces of the rioters, Grout effected his escape on 
Smiday, June 10th, having been for six days a prisoner. On 
the 9th of August following, he petitioned the Hon. Daniel 
Horsmanden, Chief Justice of the Province of New Tork, to 
take measures to punish those who had acted as leaders in the 
outrages committed upon him. Process was accordingly issued 
against David Stone, Samuel Stone, Elisha Ilawle}', Enoch 
Judd, Ebenezer Curtis, John Benjamin, Andrew Norton, Elna- 
than Strong, Joseph Thompson, David Getch el, and Steel Smith, 
in two suits at law. Grout having been on two different occa- 
sions subjected to the riotous treatment of these men, and 
damages were laid at £200 in each action.* 

Tliese causes do not appear to have advanced beyond the ori- 
ginal process, and it is more than probable that Grout was 
imwilling to continue them, when he had ascertained that it 
was almost impossible to secure the execution of a punishment 
or the levying of a fine in any of the north-eastern counties of 
the province when the conduct which had rendered such satis- 
faction necessary in the eye of the law, was sustained and com- 
mended by persons of weight and influence. 

* MS. deposition of John Grout, dated June, 1770. Doc. Hist N. Y., iv. 
636-645. 



1770.] PROTEST AGAINST DISORDER. 169 

These proceedings did not, however, command the approha- 
tion of the j)eople. On the 1st of November following, a petition 
signed bj about fom* hundred and forty of the inhabitants of 
Cumberland and Gloucester counties was presented to the King. 
Having in the preamble alluded to the right by which the terri- 
tory west of Connecticut river was a part of the province of 
]^ew York, recited the order in Council of July 20th, 1764, 
and referred to the ordinances by which the counties had been 
established, the petitioners reprobated the events which had 
recently occurred, and the feelings to which they had given birth. 
" In the month of June last," thus ran the statement, " a num- 
ber of disorderly persons seated in the township of Windsor, in 
the county of Cumberland, assembled in a riotous manner, and 
by threats obstructed the proceedings of the com't of Common 
Pleas, pretending that the magistrates and civil officers were 
unauthorized ; that no obedience was due to them ; that the 
jurisdiction belonged to the government of New Hampshire ; 
that your Majesty's royal order, aforesaid, would soon be re- 
scinded, and the lands thereby declared as part of your Majesty's 
colony of New York be decreed to appertain for the future to 
the province of New Hampshire." They further stated, that 
the rioters had eluded justice " by flight into New Hampshire," 
where they had united with some of the inhabitants of that pro- 
vince, and had already promoted " a spirit of disorder and disobe- 
dience" towards the jurisdiction of New York over the "Grants," 
by " procuring the subscriptions of many persons in both pro- 
vinces to a petition," the avowed purpose of which was to place 
the "Grants" within the limits of New Hampshire. This latter 
measure, they announced, was designed to free the "lawless 
transgressors" who had proposed it, from merited punishment ; to 
promote the interests of those who had trafficked in New Hamp- 
shire titles, and to aggrandize the family of the late Governor, 
Benning "Wentworth, "for whose benefit, reservations of land had 
been made in all the grants which he had seen fit to pass. In 
view of these considerations, the petitioners prayed his Majesty 
to resist any attempt which might be made to change the j uris- 
diction, and to grant them such relief as in his " great wisdom" 
should seem meet.* 

In opposition to these sentiments, another petition, probably 
that referred to in the document above noticed, was circu- 

* Doc. Hist N. Y., iv. 663-665. 



ITO HISTORY OF EASTERN VERMONT. [1770. 

lated on the " Grants " and in Kew Hampshire, and was largely 
signed. Its subscribers, with their "helpless wives and chil- 
dren," dependent upon his Majesty's " lenient and paternal 
interposition," for relief " from immediate poverty, distress, and 
ruin," prayed for succor and protection. The account which 
tliey gave of their condition was indeed lamentable, but was 
scarcely reliable. They stated that their situation as subjects 
of New York had been, was, and ever must be, " highly detri- 
mental and disagreeable to them both in their property and 
good government ;" that since the order of July 20th, 1764, 
their possessions had been " unexceptionably granted to other 
people under the great seal of New York;" that writs of eject- 
ment had been brought against them, " their property wrested 
from them, their persons imj^risoned, and their whole substance 
wasted in fruitless lawsuits, merely to the enrichment of a few 
men " in the province of New York, who were assiduous in 
using their " great influence " to rob them of their " hard, 
honestly earned " acquisitions. Such were the terms in which 
the adherents of the jurisdiction of New Hampshire sought 
relief from the King.* 

The petition signed by the citizens of Cumberland and Glou- 
cester counties, was followed, on the 3d of December, by 
another, from the " inhabitants of certain lands on the west side 
of Connecticut river, in the province of New York," praying 
for the coniirmation by New York of certain New Hampshire 
grants. The Council of New York were not indifferent to the 
measure proposed in this last document, and means were readily 
taken to ensure a compliance with the requests which it con- 
tained. At the expiration of a little more than a year and a 
half, from the time when this petition was presented, confirma- 
tion patents for fifteen towns, situated west of the Connecticut 
and east of the Green Mountains, had been granted by New 
York, and instructions advising the confirmation of the charters 
of thirty-three other towns had been presented to his Majesty 
for approval. In almost every instance in which confirmation 
charters were issued, special favor was shown to those who had 
been occupants under New Hampshire titles. 

To this general rule the proceedings which were had in the 
case of Hinsdale and Guilford formed an exception. As has 
been before stated, the township of Hinsdale was at a very early 

* Doc. Hist. N. Y., iv. 672-675. 



lYYO.] HINSDALE AND GUILFORD. ITI 

period granted by charter from Massachusetts, The tradition 
is, that the first white proprietors purchased the Indian right, 
thus rendering their title doubly strong. When, in the year 
1739, the township was adjudged to be within the limits of 
!N^ew Hampshire, the old proprietors obtained from that province 
a ratification of their chartered rights. By the order in Council 
of July 20th, 1764, Hinsdale, with all the other townships west 
of the Connecticut, fell within the jurisdiction of ITew York. 
Owing either to " an unwillingness to pay the quit rent," or to 
a neglect of their own interests in some other particular, the 
proprietors of Hinsdale failed to apply for a confirmation char- 
ter. Meantime a certain Col. Howard, having asked for a grant 
of land, obtained a royal order for ten thousand acres, with per- 
mission to locate the tract in certain situations. Agreeable to 
the privilege given him in the mandamus, he made choice of 
about one half of the township of Hinsdale, and being an inti- 
mate friend of Governor Try on, his selection was approved of 
and confirmed. As soon as this act became known, " it was 
rej)robated by the whole country." So great was the clamor 
which ensued, that, in order to restore the township to its 
former proprietors, Governor Tryon oftered Howard £600 " out 
of his own pocket," for a release of his claim. With this pro- 
posal, Howard " ungenerously refused " to comply. Notwith- 
standing the injustice with which they had been treated, the 
people of Hinsdale, instead of blaming the inhabitants of New 
York, regarded them as friends, and still remained firmly 
attached to that province.* 

Not unlike this was the case of Guilford. Tlie first proprie- 
tors had, on the 2d of April, 1754, obtained a grant of that 
township from the government of New Hampshire. In the 
year 1765, soon after the settlement of the boundary line 
between New Hampshire and New York, application w^as 
made to Lieut.-Governor Colden for a regrant of the township. 
Tliis he promised to give as soon as the petitions for lands in 
the new territory should come under consideration. Another 
petition on the same topic was presented to Governor Moore, 
in the year 1766, but, like the former, was " either neglected 
or mislaid." A tliird representation made in the year 1767, 
experienced a similar fate. Tlie subject was now allowed to 
rest, the proprietors hoping that they should, in the end, receive 

* Doc. Hist. K Y., iv. 668-671, 785, 786, 812, 832, 839, Allen's Narrative of 
tlie Controversy, 1774. MS. Duane's Plea, in Lib. N. Y. Hist. See. 



172 HISTORY OF EASTERN VERMONT. [1771,1772. 

what was due them. Meantime a patent comprehending twelve 
thousand acres of the township, was issued to Coh Howard. 
By this grant a number of the inliabitants were deprived of all 
their property. Eedress was now earnestly sought in a memo- 
rial to the Governor of New York, dated May 11th, 1772. A 
charter for the land in Guilford without the bounds of Howard's 
tract, and a grant in some other locality as a comj)ensation for 
the loss occasioned by the mal-appropriation of that tract, were 
the means which were proposed to restore confidence and 
create satisfaction. As it was with Hinsdale, so was it with 
Guilford. The inhabitants of both towns were unable to obtain 
reparation for their losses, until by the w^ar of the revolution 
the possessions of royalists became the property of rebels.* 

Owing to the enmity which separated the supporters of 
the jurisdiction of ISTew York from the favorers of the juris- 
diction of New Hampshire, events often occurred which not 
only served to show the extent to which this feeling was car- 
ried, but actually endangered the existence of society. Espe- 
cially in the execution of law did New York magistrates meet 
with a firm opposition from New Hampshire adherents, and 
not imfrequently from the inhabitants of the latter province. 
At the June term of the Inferior court of Common Pleas, in the 
year 1771, one Jonas Moore of Putney, recovered judgment 
against Leonard Spaulding of the same place, to the amount of 
forty pounds, including costs. A fieri facias having issued to 
satisfy the judgment, the sherifi" by his deputy seized some of 
Spaulding's effects, and i)laced them in the charge of Moore, 
who was instructed to keep them at his house until the day 
appointed by the sheriff for their sale. Meantime, on the 27th 
of January, 1772, a party of persons, numbering seventy or 
eighty, crossed over the Connecticut from New Hampshire, 
and going in the evening to the house where the goods were 
deposited, broke open the door, seized upon and carried them 
away, and at the same time insulted Moore's family " in various 
ways." They also threatened to go to Chester, pull down the 
jail, and dehver some of the prisoners there confined. On 
reflection, however, they concluded to defer the execution of 
these lawless designs. Efforts were immediately made by the 
officers of the court in Cumberland county, to find out the 
ringleaders in this disturbance. On account of the state of 

» Doc. Hist K Y., iv. '782-785. 



177'2.] DISTUKBANCE AT PUTNET. 173 

public feeling, Judge Lord did not deem it practicable to carry 
on his inquiries before a jury, and consequently endeavored 
to obtain information by means of depositions. Ere the examin- 
ation bad closed, and before warrants had been issued, five of the 
principal rioters confessed their guilt, and delivered themselves 
up as prisoners to the sheriff. With the assistance of Thomas 
Chandler Jr., and William Willard, two of his Majesty's justices 
of the peace. Judge Lord now began a jury inquiry. On the 
part of the rioters, the signs of repentance became more evident 
as the examination proceeded, and, before it was concluded, 
they had satisfied the judgment on which the fieri facias issued, 
and had made ample satisfaction to all persons who had been 
injured by them. Under these circumstances, further enforce- 
ment of the law was judged unnecessary. Although the per- 
sons engaged in this riot were mainly from New Hampshire, 
yet no "gentlemen, magistrates, or officers were encouragers, 
abettors, or assistants," in carrying out its illegal proceedings. 
As an evidence of their good will, Messrs. Bellows and Olcott, 
two of his Majesty's justices in the county of Cheshire, in New 
Hampshire, assisted Judge Lord in enforcing the laws, and 
having issued their warrants, apprehended about thirty of the 
rioters who resided within their jurisdiction, and bound them 
over to appear at the next session of the court, " to answer for 
their unlawful assembling and other misdemeanore."* 

Acts like this, showed the necessity of enforcing as well as 
enacting laws. But, in order to enforce laws, it was all import- 
ant that proper means of punishment should be provided. As 
a "terror to evil doers," a strong and commodious jail was 
indispensable. Of such an edifice the county could not, as yet, 
boast. When in 1768, a new charter was granted to Cumber- 
land county, permission had been given to the inhabitants to 
erect at their own charge a court-house and jail. Chester was 
named as the location for these buildings, and being nearest to 
the centre of the county, was also declared to be " most con- 
venient for that purpose." Although there were objections to 
this place as the county town, both on account of its distance 
from Connecticut river, and its backwardness as compared with 
other settlements, yet these objections were for the time efiec- 
tually silenced by the assurances of Thomas Chandler, the first 
judge, that he would " at his own expense build a good and 

* Doc. Hist. N. Y., iv. "757-761, 765, 766, 770, 771. 



174 mSTOKT OF EASTERN ^^:KMONT. [1770. 

sufficient coiirt-lioiise or jail," at Chester. How well tliese 
promises were observed, will appear by the annexed extract 
from an old chancery document. The time to which the de- 
scription applies, is the latter part of the year 1770. That 
which "then was called a jail," so runs the musty law paper, 
" was a place made in the comer of a dwelling-house or hut, 
the walls of which house were made of small hackmatack poles, 
locked together at the corners by cutting notches into the poles, 
and laying them notch into notch, so as to bring the poles as 
near together as conveniently might be. The cracks or vacan- 
cies between pole and pole were filled with tow, moss, or clay. 
Tlie chamber floor [was] laid with single boards, [which were] 
not nailed, but lay loose. Such was the house, a corner of 
which then had the name of a jail, which jail corner may be 
justly described as followeth, viz., small palisades or poles of 
the diameter of about six inches each, [were] set up, one end 
of them on the lower floor, and the other end reaching one of 
the joists on which rested the upper floor. These poles resting 
against the joist, hindered them from falling inwards to the jail 
part, and another pole at some inches distant, [was] pegged up 
with wood pegs, which pole was fixed about parallel with the 
joist, and prevented the palisades from falling outward from 
the jail apartment; and, as many of the palisades were not 
fastened at the top or bottom, nor the chamber floor nailed, it 
was always in the power of any man who might be put into 
the jail apartment to push away the loose upper floor boards, 
and move away the palisades, and be at liberty. 

" Such was what was then called a jail, in which no man had 
ever been attempted to be confined." 

In the summer of the same year, the inhabitants of Chester 
commenced the erection of another jail. The lower and cham- 
ber floors, also the sides and ends, were built with hemlock 
logs, twenty inches in diameter, and at the corners the timbers 
were locked together in the manner of log houses. In order to 
complete the roof, a supply of nails was necessary. As these 
were not to be obtained, on account of the enforcement of the 
non-importation agreement, the new jail was left in an 
unfinished state. It was, however, the intention of Judge Chan- 
dler to render it as strong " as any jail in any county in the pro- 
vince." Meantime the old jail, which had been built by 
Chandler, and which, according to his account, had been 
accepted by the court and the sherift'as a " sufficient " building, 



17Y0.] A "sufficient" jail. 175 

and had " lield prisoners for more than four months at a time, 
who never left jail, till delivered by due course of law," was 
refitted.* On the sides, " where it was most slender," it was 
strengthened, and at right angles with the logs which formed 
the main body of the house, other logs were placed and pinned, 
thus rendering the building doubly secure. These extra repairs 
being completed, escape from this toU-booth was deemed by 
Chandler scarcely possible. 

In addition to the jail. Chandler, at his own expense, built a 
court-house in Chester, during the year 1771. According to 

* In a petition presented to Governor Tryon by a number of tbe inhabitants 
of Cumberland county, dated February 15th, 1772, it is stated that " sundry con- 
siderable sums " had already been subscribed " towards building a Court House 
and Jail " in Chester. The nature of the aid proffered may be deduced from a 
perusal of the annexed obligation, which is a copy from the original MS. 

"June 16th, 1770. 

" To Encourage the Finishing the Goal now began in Chester, we the subscribers 
will pay to such person or persons, as Thomas Chandler, Thos. Chandler Jr., 
Esqrs., and ilr. John Grout shall Employ to Labour or Provide Materials; the 
sums against our Names written. Witness our hands. 

Joseph Woods, one bushel of Com. 
Willard Dean Two bushels of 
"Wheat Delivered at Rockingham 
at the last Day of August." 

In a letter to Governor Dunmore, under date of April 10th, 1771, Judge Chan- 
dler was at special pains to refute several calumnious stories which had been told 
concerning him in a petition lately circulated. The account of the assistance he 
had received in building the jail, received its share of denial. " As to the Sub- 
scription mentioned in the Petition," said he, " I can say there has not been more 
than Twenty pounds subscribed by any of the Petitioners, be they who they will, 
if half so much, and not one of them has paid so much as one farthing." 

The declaration in the text, that the jail " had been accepted by the court and 
the sheriff," was averred in the letters of Judge Chandler, but was contradicted 
in the petition of February 15th, 1772, before referred to. Among the signers of 
this petition appeared the name of Samuel "Wells, who on the bench was associated 
with Chandler. Speaking of the court-house and jail, the petitioners said, no build- 
ings " have been erected which deserve that name, or which are any way sufficient 
for holding the Courts, or for the reception or safe Custody of Prisoners, for which 
reasons the magistrates are not in a capacity of maintaining peace and good Order." 

The strength of this noted little jail probably depended more upon the will 
of its occupants than the excellence of its construction. When Daniel Whipple 
was sheriff, in the year 1770, an order was issued for the imprisonment of one 
Atherton Chaffee. Being in conversation with John Grout, Chaffee told him 
" that he knew it was out of Whipple's power to confine him against his will, but 
that "Whipple had always used him with great tenderness, and that he should not 
be hurt ; for, says Chaffee, I will tarry in the jail be it never so slender — rather 
than "Whipple should be hurt." It was probably of men like Chaffee that Chan- 
dler spoke, when he said that the jail had " held Prisoners for more than four 
months at a time." 



176 HISTORT OF EASTERN VERMONT. [1771. 

his own description, this structure was " thirty feet long, sixteen 
feet wide, and eleven feet post," and was so planned as to be 
" convenient " when finished. It was provided with a " suffi- 
cient lobby or room fit for a jury, with a fire place in it," and 
was covered with some kind of roofing. This building he leased 
to the county for the term of ten years, and as much longer as 
they might choose to use it. In it were to be held the terms of 
the Inferior court of Common Pleas, and of the court of 
General Sessions. There also was to be transacted all such 
other business as related to the general welfare of the county. 
But if the people had been displeased with Chandler's efiforts at 
jail building, they were incensed at his failure in court-house 
construction. Before the commencement of this last failure 
they had endeavored to effect the removal of the shire town from 
Chester, and had even then brought the subject to the attention 
of the highest authority in the province. In their petition, pre- 
sented to Governor Dunmore on the 11th of March, 1771, they 
commenced by setting forth the " peculiar grievance " under 
which they labored in being um-epresented in the General 
Assembly of the province. Turning then to the subject which 
at that time more particularly engaged their notice, they 
declared that previous to the establishment of the shire town of 
tlie county at Chester, Tliomas Chandler had promised to erect 
a court-house and jail in that town at his own expense ; that, 
on account of this promise, some had been induced " to give no 
opposition " to the selection of that place ; that, notwithstanding 
this promise, and the subscription of " considerable sums of 
money " by themselves and others, to defray a portion of the 
charge of erecting the county buildings, none had been erected ; 
that there was not " any real probability that any would be 
built ;" that it was "extremely inconvenient" for the people to 
be obliged to attend the com-ts at Chester, since more than tlu-ee 
fourths of them resided in the river towns ; that the roads lead- 
ing thither were bad, the inhabitants of the town few in number, 
and the accommodations poor. For these reasons they were of 
opinion that it would be more advantageous to the county, if 
the courts were removed from Chester to two of the river towns, 
" at least for a dozen or fourteen years," by which time the back 
towns would be better settled. They also proposed that four 
sessions of the courts should be held annually, as in Albany 
county. Tliis petition having been read before the Governor 
and Council, the petitioners were ordered to serve a copy of it 



1771.] chandlek's keply. 177 

on Tliomas Chandler, and the first Tuesday of the following May 
was fixed upon as the time when the parties on both sides 
would be heard.* 

In compliance with this order, a copy of the petition was 
left with Chandler on the 7th of April. His reply, addressed to 
Governor Dunmore, was transmitted to New York on the 10th. 
In this he asserted that the county was established without his 
" knowledge or appKcation." He acknowledged, however, that 
when he heard that such an establishment would probably be 
made, he, in company with his son, Thomas, rode to New 
York, but he stated further that, on his arrival there, he found 
that the county had been erected and the civil officers appointed. 
During his visit nothing was said about a court-house or jail. 
To the declaration that no county buildings had been erected, 
he gave a flat denial, and in support of this denial gave a 
partial description of " a good and sufficient jail" which he had 
constructed at Chester, and of another which had been com- 
menced by the inhabitants of the town.f Not " one farthing," 
he said, had ever been given towards defraying these or kindred 
ex]3enses by any of the petitioners, and their announcement 
relative to subscriptions was, he stated, " so notoriously false," 
that it almost made him blush for their character. To the 
charges relative to the inconveniences attending the situation, 
condition, and accommodations of Chester, he answered that 
although the majority of the inhabitants of the county were 
residents in the river towns, yet the roads leading into Chester 
from Brattleborough on the south, and from Hertford and 
"Windsor on the north, were " vastly better" than those which 
connected Brattleborough with the last two towns. From this 
he argued, that in a general view it was easier for the people to 
go to Chester than to Brattleborough or the more northern 
towns. He stated further, that it was probable that the inhabit- 
ants of each town would prefer to have the courts held in the 
place where they resided ; that as for his part, he should choose 
to have the shire town located near the centre of the county, 
" for the good of the publick ;" that there was but little choice 
between Andover and Chester ; that the selection of Andover 
would " promote the settlement of the back townships, vastly 
more" than the selection of one of the river towns; that the 



* Council Minutes, in office Sec. State N. Y., 1765-1783, xxvi. 214, 215. 
f See ante, pp. 174, 175. 

12 



178 HISTORY OF EASTERN VERMONT. [1771. 

removal of the courts from the more inland portions of the 
county would, in fact, break up the back settlements, and cause 
those persons who were now intending to remove to Kent, An- 
dover, Bromley, Cavendish, and Thomlinson, to settle in other 
places, whereas, to continue the shire town at Chester, or in that 
vicinity, would in a year's time add a hundred families to the 
population of the adjoining towns; that the situation of the 
river towns was a suflScient motive to lead people to inhabit 
them, while the principal inducement to settle in the interior 
towns was their nearness to the centre of the county^ — the 
situation selected in the charter for the location of the shire 
town. 

Continuing in this line of argument, he referred to the 
action of Governor Moore and his Council, in choosing Chester 
as the county town because of its central position, when they 
well knew that it was but lately settled, and that some of the 
river towns had been, comparatively speaking, long inhabited. 
He mentioned also the choice by the same dignitaries of Kings- 
land as the shire town of Gloucester county, when the place did 
not contain a single family. His own experience as an early 
settler was the next point touched on.* Turning then to the 
charge relative to the accommodations of his ado23ted town, he 
asserted that they were as good as in any town in the county • 
that the same was true of the provisions there furnished, and as 
to bedding, in his opinion as many spare beds could be obtained 
there as at any other place in the shire. He explained the dis- 
daraging accounts which had been given of household arrange- 
ments at Chester, by saying that most of those who had 
attended court there had never seen more than the four or fiv^e 
families located near the county buildings ; that, although by 
travelling a mile or so they might have procured lodgings, they 
had chosen, being used to camp duty, to stay where they 
obtained their food, and had preferred the ground to a " good 
bed." In closing, he stated that it would, no doubt, be necessary 
sooner or later for the judges from Albany to hold a court of 
Oyer and Terminer and General Jail delivery in the county ; 

* " When I first moved to Claester," 8aid he, " I was the first man with a 
Family that had in this part of the Country moved out from the River, and there 
was no Road from the River to Chester or from Chester to Albany. Neither 
were there any Inhabitants for Thirty Miles West of Said River, and now there 
are Nine Families in Rockingham on the Road to Chester, and many on the 
Right hand and Left ; there are also many Inhabitants on the Road to Albany." 



1771, 1772.] COUNTY BUILDINGS. 1Y9 

that a route had within a year been traced between Chester and 
Albany, which had been much travelled, and by proper care 
would make a good wagon road ; that there was no road either 
north or south of it leading to Chester for nearly a hundred 
miles, with the exception of one, which was partly in Massachu- 
setts, and that in case the courts were removed from Chester, 
the judges would be first obliged to come to that town, and 
then set out for the shire town wherever it might be. Of the 
road over " Hoosuck mountains," he said, " it is difficult and 
dangerous both for man and horse. A corpulent person can 
but scarcely get up with the help of his horse's tail to draw 
him up by, and if the horse should miss his step, as horses have 
often done, he would fall, roll, or slip many rods before he 
would recover."* Such were the arguments advanced in the 
replication of Chandler.f 

The hearing, which was to have been held in May, does not 
appear to have taken place, and, for several months, the ques- 
tion as to the future location of the courts, remained undecided. 
On the 2d of December, the inhabitants of Rockingham, in 
view of the attempts of the people of Westminster and other 
towns to obtain a removal of the shire town to the southern 
part of the county, and as a result of the belief that the selec- 
tion of Rockingham would be " more beneficial and less de- 
trimental " than any other which could be made, offered to pay 
£70 towards the erection of the county buildings, provided the 
shire town was removed to that place. Similar offers were 
made by other towns on similar conditions. On the 15th of 
January, 1772, the subject was brought before the Legislature 
of New York. After some time spent by the house in com- 
mittee of the whole, the speaker resumed the chair, and John 
Tliomas Jr. of Westchester county reported, that the com- 
mittee were of opinion that several bills should be brought in 
relative to Cumberland county. Among those which he pro- 
posed, was one to enable the freeholders and inhabitants of the 
county " to erect and build a court-house and gaol, and to elect 



* "This is a truth," added the letter writer, "that Samuel Wells Esq., will 
not Deny." Wells was on the bench with Chandler, and was of the number who 
favored the removal of the shire town from Chester. In the remarks about " a 
corpulent person," reference seems to have been had to Wells, and it is not 
improbable that he had been the subject of an accident similar to that the pro- 
bable results of which are given in the text. 

f N. Y. Colonial MSS., in office Sec. State, Dunmore, Tryon : 1771, xcvii. 



180 HISTORY OF EASTERN VERMONT. [1772. 

supervisors and other county officers." His report having been 
delivered in at the table, was again read and agreed to by the 
house. On the same day, George Clinton and Capt. Seaman 
were ordered to prepare a bill comporting with the above title. 
Agreeable to the order, a bill was presented on the 16th, and was 
passed to a second reading. By the terms of the bill as lirst 
reported, the county buildings were to be located at Chester. 
So much had been effected by the replication of Chandler. On 
its second reading, on the 29th, the bill was referred to a com- 
mittee of the whole house."'^ 

Meantime, William Tryon had succeeded to the government 
of the province, and was unacquainted with the condition of 
affairs in Cumberland county. On the 25tli of January, Chan- 
dler addressed to him a petition couched in terms similar to 
those with which he had approached Dunmore. This docu- 
ment, as it was dated at Fort George in the city of New York, 
was probably prepared in a council of Chandler's friends and 
advisers. After rehearsing facts connected with the rise and 
progress of the county, he referred to the good effects which 
had attended the location of the shire town at Chester, and 
described a court-house which he had lately built there and 
leased to the county.f He detailed the advantages which the 
county would receive, if the shire town should be allowed to 
remain where it then was, and in proof of the disposition of 
many of the inhabitants, referred to a petition which they had 
presented to the General Assembly, asking for leave to tax the 
county for the purpose of finishing the court-house begun at 
Chester, or for building a new one and a jail, at that place. In 
conclusion, he promised, in case the tax prayed for was not 
levied on the people, that he, at his own expense, would make 
tlie incomplete court-house comfortable, and build " a good 
jail" at Chester, rather than suffer the courts to be removed 
" to the damage of the publick." On the occasion of a riot 
which happened soon after at Putney,:}: when the rioters threat- 
ened among other " felonious actions," to " go to Chester, pull 
down y^ jail," and deliver some of the prisoners. Chandler 
again wrote to Governor Tryon. Having detailed the origin 
and incidents of the disturbance, he did not lose the opportu- 
nity of deducing from it an argument in favor of his adopted 

* N. Y. Colonial :MSS., in office Sec. State, Dnnmore, Tryon: 1771, xevii. 
Journal Gen. Ass. N. Y., 1767-1775. 

f See ante, pp. 175, 176. :|: See ante, pp. 172, 173. 



H72.'\ A PETITION. 181 

town. " If the jail had been in any one of the river towns," 
said he, " as prayed for by some, the jail had by said mad 
Rioters been pulled down. Your Excellency will therefore see 
that it will on this account, be best to continue the jail and 
courts in y® centre of the county, if no other reasons were 
given but to prevent such sudden mischiefs being perpetrated 
as may be done in a sudden heat of passion."* 

Pending the discussion of the subject, a petition from the 
inhabitants of the county was read before the house, on the 
22d of February, setting forth the many inconveniences which 
they would experience, should the bill in its present form pass 
into a law, and praying that they might not be obliged to build 
the court-house and jail in the township of Chester. The peti- 
tion was referred to the committee to whom the bill had been 
given in charge. In order to rebut Chandler's representa- 
tions Samuel Wells, Oliver "Willard, Wihiam Dean, William 
Williams and Nathan Stone, addressed Governor Try on in 
behalf of those who were opposed to the present location of 
the shire town. Their representations were similar to those 
they had made on former occasions, and in some instances were 
contradictory of certain assertions which had been made by the 
opposite party. Tliey accused Chandler of failing in the per- 
formance of his promise to erect count}^ buildings worthy of the 
name ;i" described the road to Chester as only partly opened, 
improperly constructed, but little travelled, and in many j)laces 
almost impassable, and declared the town destitute of neces- 
sary accommodations, and its houses " mean, slight and uncom- 
fortable." They stated that it would "tend much to the ad- 
vancement of justice," the "benefit and utility " of the county, 
and " contribute greatly to the ease and satisfaction " of the 
people, if the courts were held nearer the river ; that the inha- 
bitants would willingly submit to be taxed, were the change 
made, and since two terms in a year had proved " iusuificient • 
for the dispatch of business," and the length of time interven- 
ing between them, had given many persons " opportunities of 
absconding, or defrauding their creditors, by embezzling their 
effects," that the addition of two more terms had become neces- 
sary for the due administration of justice. In making these 
representations, they declared that they spoke the sentiments of 

* N. Y. Colonial MSS., in office Sec. State. Tryon, 1111, 1112, xcviii. 
Doc. Hist. K. Y., iv. 1o9-l6l. 
\ See ante, p. 175, Note. 



182 HISTORY OF EASTERN \^RMONT. [1YT2. 

more thcan three fourths of the inhabitants of the county. For 
this reason they prayed his Excellency to remove the courts to 
Westminster, and increase the number of terms to four in each 
year. This petition was read in the house on the 27th of 
February, and was referred to a committee of the whole. 

On the l-ith of March, Mr. De Noyellis, from the committee 
of the whole house, to whom had been referred the bill relative 
to the courts of the county, rej^orted that they had examined it, 
altered the title, and amended it in several particulars. The 
bill as amended was then read, and having been agreed to by 
the house was passed for engrossment. Having been read on 
the 16th the third time, it was passed by a resolution, and 
Messrs. De I^oyellis and De Witt were appointed to carry it to 
the Council and desire their concurrence in its passage. From 
them it was returned on the 21st, by Oliver De Lancey, ap- 
proved of and unamended. The bill became a law on the 21:th. 
Its original title had been altered, and it now appeared as " An 
act for erecting a more convenient Com't House and Gaol, for 
altering the terms appointed for holding the courts of Common 
Pleas and General Sessions of the Peace, and for enabling the 
inhabitants to elect supervisors and other county officers in and 
for the county of Cumberland." 

By its provisions the judges and justices of the county were 
directed to meet at the court-house in Chester on the first Tues- 
day of the following May, and form " into convenient districts" 
such parts of the county as were not erected into townships 
'' under the Great Seal" of the colony. A description of these 
divisions was to be made in writing, subscribed by the judges 
and justices and filed with the county clerk, who was ordered 
to record it. The districts thus constituted wei"e to remain as 
divided until formed into townships. The people were author- 
ized to assemble on the third Tuesday of May following, and 
elect for each town and district one supervisor, two assessors, 
two collectors, two overseers of the poor, two fence-viewers, four 
constables, three highway commissioners, and as many persons 
for surveyors and overseers of highways, as the majority of " the 
freeholders and inhabitants" of each town and district should 
judge necessary. At the same time a county treasurer was to be 
chosen.* The election for these purposes was to be held annually. 

* At the first election under this act, held May 19th, 1772, the people, for some 
I'eason not apparent, neglected to choose a county treasurer. That officer was 



1772.] ACT TO ERECT COUNTY BUILDINGS. 183 

By other clauses of the hill, it was ordered that the " piihlic and 
necessary charges" should he defrayed as in other counties ; that 
" from and after" the first Tuesday in June, next ensuing, the 
courts should be held on the second Tuesdays in June, Septem- 
ber, December, and March, in each year, and that each session 
should not continue longer than four days. In order to intro- 
duce these last regulations, the judges were directed to open 
the next court at tlie time and place to which it had been 
adjourned, and again adjourn it with " all presentments, indict- 
ments, suits, causes, plaints, writs, processes, and proceedings, 
whether criminal or civil, and all parties charged, prosecuting 
or defending therein," to the term next ensuing, as established 
by this act, and to the place which should be hereafter ap- 
pointed. To the Governor, with the advice and consent of the 
Council, was reserved the power, according to ancient usage, of 
altering and fixing the terms and times of the court sessions. 

In conformity with the first clause in the title of the bill, the 
supervisors who should be chosen at the coming election, were 
ordered to assemble on the last Tuesday in May at the court- 
house in Chester, and by a plurality of votes, ascertain the 
place where the court-house and jail were to be erected. The 
result of their ballotings was to be certified by an instrument 
under their hands and seals, and the place which they should 
choose was to " be and remain" the county town, if not disap- 
proved of by the Governor. To defray the expenses of build- 
ing, the supervisors were authorized to levy upon and collect, 
from the inhabitants of the county, a sum not exceeding £250. 
Tliey were also instructed to nominate three fit persons to " su- 
perintend and direct the building of the said court-house and 
gaol, and the laying out and expending the monies to be raised 
for that purpose." Those who should collect the tax were 
directed to pay it to the three superintendents.^ 

In accordance with the rules laid down in this act, the towns 
which had not received charters from New York were divided 
into districts, and, on the 6th of May, an abstract of the divi- 
sions was posted in several public places, signed by Crean Brush, 
who, a few months before, had removed to Westminster, and 
had been appointed clerk and surrogate of the county by com- 

afterwards appointed by the supervisors at their meeting in June following. — 
Council Minutes, in office Sec. State, N. Y., 1765-1783, xxvi. 302. 

* Journal Gen. Ass. N. Y., 1767-1775. Act of 12th George III., in Laws K Y., 
Van Schaack's ed., 1691-1773, pp. 700-702. 



184 HISTORY OF EASTERN VERMONT. [1V72. 

missions from Governor Tryon.'* Tlie supervisors who had 
been chosen at the general election, held, according to appoint- 
ment, in the towns and districts of the county, on the 19th of 
May, assembled at the court-house in Chesert, on the 26th, for 
the pui-pose of locating the county buildings. Westminster was 
chosen as the shire town, and a spot adjoining " the public street 
or highway" in that township, and " as near the place where the 
meeting-house is erected," as would be convenient, was selected 
as the site of the court-house and jail. At a subsequent meet- 
ing of the supervisors, held on the lltli of June, at Westminster, 
for the purpose of proportioning the county tax, and choosing jjer- 
sons to superintend the erection of the court-house and jail, the 
question was raised as to the particular spot on which the build- 
ings should be placed. Although this question had been once de- 
cided, yet by a majority of one, the former decision was reversed, 
and it was voted that the court-house and jail should be built 
" near the north end of the northerly plain, above a mile from 
the meeting-house, and about forty rods to the noi*thward of all 
the houses in the street but one." 

An account of these proceedings was carried to New York by 
Crean Brush, who informed Governor Tryon that the reversal 
of the first decision of the supervisors, had been " inadvertently 
acquiesced in " by some of the members of the board who were 
now convinced of the impropriety of the act. Owing to this 
representation, the Governor and his Council, at a meeting held 
on the 25th of June, approved of the selection which had been 
made at the first meeting of the supervisors, and authorized the 
erection of the court-house and jail on the spot which liad on 
that occasion been chosen.f 

FuU permission having been obtained, the people of the 
county now turned their attention to the erection of a court- 
house which should be creditable and of service. The east 
village of Westminster is built on two plains which stretch 
along the banks of the Connecticut, and extend back to the 
mountains nearly a mile. At the northern extremity of the 
southern plain, which is higher than the other, and on the brow 

* A copy of this abstract, taken fi'om a rain-stained and weather-beaten origi- 
nal upon which the upturned eyes of the early inhabitants of the wilds of Vermont 
once gazed, as it looked down iipon them from the side of an inn or of some humble 
place of worship, may be found in Appendix G. I am indebted to the Hon. Wil 
liam M. Pingry, for this and other documents. 

f Council Minutes, in office See. State, N. Y., 1765-1783, pp. 302, 303. 



1772.] 



THE "old COUET HOUSE.' 



185 




of an elevation wliicli afterwards took tlie name of "Court- 
House Hill," a spot was selected for the site of the building. It 
was located on the east side of the road but a short distance 
from the meeting-house which then occupied the centre of the 
highway. In shape it was almost square, the sides being about 
forty feet in length, and _ ^^^-*=-==s=-_^=^-_ 

was built of hewn tim- 
ber, clap-boarded. The 
roof was gambrel, sur- 
mounted by a cupola 
or tower, open at the 
four sides. An aisle, 
ten or twelve feet in 
width, ran east and 
west through the mid- 
dle of the lower story. 
A double door was 

placed at each end of Conrt House at Westminster. 

the aisle, or, in other words, two doors opening either way 
from a centre fastening. In accordance with the custom of the 
times, the building was intended to afford some of the con- 
veniences of a tavern. In the south-east corner was a kitchen 
or cook-room, occupied by the jailer, and in the south-west cor- 
ner, a bar-room, in which the jailer served in the caj^acity of 
bar-tender. The chimney rose between these rooms, and opened 
into each in the shape of a large, old-fashioned fire-place. An- 
other door was cut in the south side of the building, leading 
into an entry, on either side of which were doors to the kitchen 
and bar-room. In the north part was the jail, which comprised 
within its limits two prison-rooms, divided the one from the 
other by a narrow aisle running north and south. This aisle 
communicated with the broad aisle, by a door. Doors also 
opened from the prison-rooms into the narrow aisle. A flight 
of stairs led from the east entrance to the court-room in the 
second story, which did not differ materially from the court- 
rooms of the present day in its arrangement. 

Before the building was completed, the superintendents had 
expended all the money which had been raised by tax, and 
were compelled for a while to suspend operations. Meantime 
the county had obtained two representatives in the Legislature 
of the province. On the 3d of Febniary, 1773, Crean Brush, 
one of the representatives, asked leave to bring in a number of 



186 HISTORY OF EASTERN VERMONT. [IT 73. 

bills designed to advance the interests of his constituents. 
Among these, was one " for raising £250 in the county of Cum- 
berland, towards finishing the court-house and gaol ah-eady 
erected in the said county." Permission being granted, a bill 
to that e£Fect was presented, and having passed its first reading 
on the 8th, and its second reading on the 10th, was referred to 
a committee of the whole house. Thence it was returned on the 
13th with an altered title,* and with the amendment was, on the 
15th, ordered to be engrossed. Having been read a third time, it 
was enacted by the house. On the 18th, the concurrence of the 
Council in the bill was announced by Eoger Morris, and on the 
8th of March it was passed into a law. The work was soon after 
renewed, and by the close of summer the building was ready 
for use. The court-room was never finished ; but its walls, gray 
and cobwebbed, and its beams and braces rough and bare, were 
perfectly in keeping with the turbulent spirits who met within 
its precincts in legal conflict, or assembled there to engage in 
more important scenes.f 

* The title was changed so as to read, " for raising the further sum of £250," 
etc. Act of 13th George III., in Laws N. Y., Van Schaack's ed., 1691-1773, p. 
803. 

f Journal Gen. Ass. N. Y., 1767-1775. Tlie courts were held at Westminster, 
until 1781. In that year, Westminster and Marlborough were declared to be half 
shire towns, and one court term was held at each place until 1787, when the half 
shire towns were abolished, and the county town was established at New Fane, 
where a new court-house and jail were erected. The engraving in the text was 
finished from a plan, made from memory by Daniel Hall, Esq., who, in the year 
1794, attended a school in the " Old Court-IIouse " taught by Master Dudley Chase, 
afterwards United States Senator from Vermont. The building was demolished 
about the year 1806. 



CHAPTER Yin. 

LEGISLATION OF THE NEW YORK COLONIAL ASSEMBLY. EVIDENCES OF 
A EEVOLUTIONART SPIRIT. 

Census of Cumberland and Gloucester Counties — Samuel "Wells and Crean Brush 
chosen Representatives — Laws for Regulating the Affairs of the Counties — 
Road Law — License Law — Law for Supervising Intestates' Estates, and Regu- 
lating the Probate of Wills — Petition for Confirmation Charters — Law respect- 
ing the Sheriff's Fees — Law Establishing Fairs — Pay of Representatives — Road 
Law — Law Forbidding Justices' Courts to be held in Taverns — "Sons of 
Liberty" — Letter to the Supervisors of Cumberland County — Meeting at Ches- 
ter — Patriotic resolves of the Westminster Convention — Troubles at Dummer- 
Bton — Dr. Harvey, the Town Clerk — His Account of the Imprisonment and Re- 
lease of Lieut. Leonard Spaulding — Another Meeting at Chester — Second Con- 
vention at Westminster — Committee of Inspection — Tliird Convention at West- 
minster — Committee of Correspondence— Petition to the New York Legislature. 

In tlie various petitions, remonstrances, and memorials wliich 
had been presented to the governors of New York at different 
times, bj persons claiming to be residents on the " Grants," the 
population of that district had been made to appear much 
greater than it really was. To come at the truth on this point, 
Governor Dunmore, on the 16th of January, 17Y1, directed the 
sheriffs of Cumberland and Gloucester counties to take an enu- 
meration ot the inhabitants of their respective bailiwicks. As the 
result of this census, it was shown that there were in the twenty- 
six towns in the county of Cumberland, from which returns 
were received, of white males, one thousand and eighty, under 
the age of sixteen ; one thousand and thirty-three, between six- 
teen and sixty ; and sixty, aged sixty and upwards ; of white 
females, nine hundred and forty-nine, under sixteen ; and eight 
hundred and eighty-seven above that age ; of black males, 
seven, and of black females, eight. The whole population 
amounted to four thousand and twenty-four persons, of whom 
seven hundred and forty-four were heads of families. At the 



188 HISTORY OF EASTERN VERMONT. [1772. 

same time tlie total number of whites and blacks in Gloucester 
county was found to be seven hundred and twenty-two.* AVith 
these data, the Legislature of New York were prepared to ap- 
preciate better the wants of a people who, on account of their 
distance from the seat of government, had been neglected, 
although their rights were nearly the same as those of the 
inhabitants of the other counties of the province.f 

Among the complaints which were made when the subject 
of removing the court-house was first mooted, was one arising 
from the fact that the people of Cumberland county were denied 
representation in the Provincial Legislature. Thomas Chandler, 
writing to Governor Dunmore, on the 10th of April, had in- 
formed him of this "grievance," and had expressed his belief 
that his lordship would endeavor to redress it. The right of 
petition being that most frequently exercised in such cases, the 
people of the county drew up an address to Governor Tryon, on 
the 7th of December, 1772, in which they set forth the "powers, 
privileges, and immunities" to which they were by the terms 
of their charter entitled. They declared themselves " wholly 
disposed to demean themselves as good subjects," but expressed 
a desire of " enjoying, in common with the inhabitants of the 
other counties," the liberty of choosing two representatives " to 
serve in the General Assembly." " Such representation," said 
they, " will fulfil the hopes of your petitioners, by establishing 
that firm and lasting connection which they are desirous should 
ever subsist between them and the government to which it is 
their happiness to belong, and will enable them the more readily 
to accomplish the good purposes of government, by obtaining 
such laws as will most tend to its honor and their own pros- 
perity." This address, which bore at its foot one hundred and 
fifty-one signatures, having been read in Council on the 23d of 
December, was favorably received, and a writ was ordered to 
issue, enabling the freeholders and inhabitants of the county to 
choose two representatives to sit in the next General Assembly 
of the province. At the election, which was held agreeable to 
this order, Samuel Wells, of Brattleborough, and Crean Brush, 
of "Westminster, were returned as representatives. The Legisla- 
ture being then in session, they soon after repaired to the city 

* Williams's Hist. Vt., 1st ed., p. 411; 2d ed. li 478 Brattleborough Semi- 
Weekly Eagle, vol. iii., nos. 43, 45-47, 49-51, 68, 60, 76. Doc Hist. N, Y., 
iv. 1034 

\ See Appendix H 



1772.] THE INDUCTION OF WELLS AND BKUSH. 189 

of New York, and, having notified their attendance to the 
house on the 2d of February, 1773, were called in, and after 
presenting their credentials, were ordered to withdraw. Having 
been received as representatives by a unanimous vote, they 
were waited upon by Mr, De Lancey and. Mr. Isicoll, two of 
the representatives, by whom they were conducted to one of 
the commissioners appointed to qualify representatives, and 
having taken the required oaths, were allowed to take their 
seats " at the table." Such was the ceremony by which mem- 
bers were inducted into office under the old courtier-like regime. 
Republicanism has removed most of the forms which served to 
give dignity to the legislative transactions of our ancestors, and 
the result may, for a time, have been beneficial. But the expe- 
rience of the last twenty years has shown, at least in our deli- 
berative bodies, that a decrease in respectful conduct has fol- 
lowed closely upon a disuse of ceremonial observances, and the 
scenes which have lately disgraced the floor of our National 
Congress have awakened in many a heart a wish for the revival 
of some of that becoming etiquette which lent so great a grace 
to the proceedings of the assemblies of former days.* 

Previous to the election of Wells and Brush, some of the 
members of the Legislature had proposed the passage of a 
number of necessary and judicious laws, relating to Cumber- 
land county. Leave having been granted, on the 15th of 
January, 1772, to bring in such acts as would meet the ends 
designed, the yeomanry of Cumberland had the satisfaction of 
knowing before the close of the session that their wants had 
been considered, and that the punishment of the statute- 
breaker and the protection of good men were certain, so far as 
legal enactments could avail, to produce these results. 

The first of these acts, passed on the 26th of February, was 
for the revival and continuation of an act which had been made 
six years before for the purpose of " laying out, regulating and 
keeping in repair" the roads of the county.f At the same time 
a law was enacted for regulating the inns and taverns of the 
county. By its provisions no person was allowed to sell " by 
retail, any rum, brandy, wine, or spii'its of any kind, under the 

* Council Minutes, in office Sec. State, N. T., 11&5-11SS, xxvi. 331. Journal 
Gen. Ass. N. Y., 1767-1775. Doc. Hist. N. Y., iv. 816, 817. 

f See ante, pp. 138, 139. By an act passed March 8th, 1773, this act was ex- 
tended to Gloucester county. Laws of N. Y., Van Schaack's ed., 1691-1773, pp. 
487-490, 646, 804, 805. 



190 HISTORY OF EASTERN VERMONT. [1VT2. 

quantity of one quart ; nor any cider, strong beer, metheglin, 
or any such strong liquor, or any mixt liquors, directly or indi- 
rectly, under the quantity of five gallons," without a license, on 
pain of forfeiting the sum of twenty shillings, current money, 
for every offence, one-half of the fine to be paid to him who 
should sue for it, the other half to the overseers of the poor, 
for the benefit of those under their care. Licenses were to be 
granted for one year by the court of General Sessions of the 
Peace, to such persons as the justices should recommend, and 
were to be entered by the clerk on the court records. The jus- 
tice from whom a recommendation proceeded, was to receive 
three shillings for every license granted, and the clerk two 
shillings for his services. By another provision, the act was to 
be read once in every year at the session of the court.* 

Many difficulties had already arisen from the imperfect con- 
dition of the laws regarding the probate of wills and the set- 
tlement of the affairs of intestates. By an act passed on the 
11th of November, 1692, in the fourth year of the reign of Wil- 
liam and Mary, the courts of Common Pleas for the remote 
counties in the colony of New York, had been authorized " to 
take the examination of witnesses to any will within the said 
respective remote counties upon oath, and to grant letters of 
administration." 

On the 24th of March, 1Y72, an act was passed extending the 
aforesaid act to Cumberland and Gloucester counties, giving to 
the courts of Common Pleas in those counties power " to take 
the examination of any witnesses to wills u23on oath ;" and " to 
act, do, and perform every matter and thing" pertaining to the 
supervising of intestates' estates, the regulating of the probate 
of wills, and the granting of letters of administration. When 
the courts were not in session, the same authority was given to 
the judges and justices by virtue of their office, and the clerks 
were ordered to give such assistance as might with propriety be 

* This act -was amended March 8th, 1773, and was extended to Gloucester 
county. As altered, no person was allowed to retail " any Rum, Brandy, Wine, 
or Spirits of any kind, imder the Quantity of Fire Gallons," without a license. 
No person having a license "to retail strong Liquors," was permitted to "sell any 
mixt Liquors, directly or indirectly, on pain of forfeiting the Sum of Twenty 
Shillings," current money, for each offence, to be recovered and applied as directed 
by the former act. The judges of the Liferior court of Common Pleas were 
authorized to grant licenses at the meetings of the court of General Sessions of 
the Peace, to such persons as they should deem proper. Laws of N. T., Van 
Schaack's ed., 1691-1773, pp. 646, 647, 805. 



1773.] PETITION FOR CONTTRMATION CHABTEKS. 191 

demanded of them. Owing, no doubt, to the troubles conse- 
quent upon the prosecution of the Deans for fellmg his Majes- 
ty's trees, as related in a previous chapter, a bill was brought 
in, on the 28th of February, for preventing abuses " in the de- 
struction of timber by joint tenants, or tenants in common, to 
the prejudice of their fellow joint tenants or commoners." It 
was ordered to a second reading, but, as no further account of it 
appears on the Assembly journals, it is probable that it was 
defeated.* 

Although a number of the townships east of the Green Moun- 
tains, had received confirmation charters from New York agree- 
able to the order in Council of July 20th, 1764, still the majority 
of them were held by grants from New Hampshire. To pro- 
duce a uniformity in the titles, about four hundred of the favor- 
ers of the jurisdiction of New York residing in the counties of 
Cumberland and Gloucester, petitioned the King on the 26th of 
January, 1773, to confirm to them the rest of the townships for 
one half of the usual fees of office. " Your petitioners," said 
they, "are not desirous of any change of jurisdiction, but are 
perfectly satisfied with, and earnestly wish to continue under 
the government of New York, and are only anxious to have their 
titles made valid and secure by confirmations under the Great 
Seal of the said province, which have been hitherto suspended, 
as your petitioners are informed, by your Majesty's royal in- 
structions." On account of the insecurity of their titles, they 
declared that they could not carry on their improvements " with 
spirit and vigour" for fear of being deprived of them and losing 
tlreir labor ; that they were not entitled to the rights and privi- 
leges of freeholders, by reason of the defects of their New Hamp- 
shire charters ; and from the same cause, were unable to sup- 
port any action in behalf of their landed property, when it was 
injured or withheld from them. " While these distressing cir- 
cumstances," said they, " fall heavy on individuals, they at the 
same time obstruct the growth and further cultivation of these 
new counties, impede the equal administration of justice, and 
prevent the payment and augmentation of your Majesty's re- 
venue fi'om the quit rents." These were some of the reasons 
which induced them to seek for a securer title than that imder 



■* Act of Assembly, parsed in the Province of New York, London ed. mdocsix., 
legi-ins, pp. 16, 17. Actsof 12th George TIL, in Laws of N. Y., Van Schaack's 
ed., 1691-1773, pp. 646, 647, 707. Journal Gen. Ass. N. Y., 1767-1775. 



192 HISTORY OF EASTERSr VERMONT. [l7T3. 

which they then held. But a reduction of the fees of office one 
half, as prayed for by the petitioners, was deemed too great a 
" mark of favor and indulgence" to be granted, and the riotous 
conduct of the settlers on the west side of the mountains receiv- 
ed more attention from government than the reasonable com- 
plaints of the more peaceable inhabitants of Cumberland and 
Gloucester.* 

At the session of the Assembly of New York in lYTS, an 
act was passed on the 18th of March relative to Cumberland 
county, for the purpose of settling certain disputed questions 
regarding the sheriff's duties and privileges. By the law 
enacted on that occasion, he was authorized to compute his 
mileage fees " for the service of all writs and papers" from the 
court-house at Westminster. He was also empowered, " for the 
time being," to demand " the usual customary" mileage fees for 
every mile he might "necessarily travel in or out" of the 
county, " in order to facilitate the return" of writs and processes 
issued from the Supreme court of the colony. An affidavit 
from him of the number of miles he had thus travelled, was 
declared to be sufficient proof when presented to one of the 
judges of the Inferior court of Common Pleas, and, after the 
approval of the affidavit, the sheriff was allowed to tax his 
mileage fees in the bills of costs. In addition to these privi- 
leges, he was authorized, by himself or his deputies, to serve 
justices' warrants, summonses, executions, and other precepts 
in civil causes, and to collect the fees for his trouble.f 

By an act passed on the 11th of November, 1692, when Ben- 
jamin Fletcher was Governor of New York, for "settling fairs 
and markets in each respective city and county throughout the 
province," an attempt had been made to excite and maintain an 
interest in improving the agricultural condition of the country. 
The manner in which these fairs were conducted, was most 
liberal and beneficial. According to the regulations, " all and 
every person or persons, inliabitants, stranger, or sojourners" 
might resort to them, and " carry or cause to be carried" 
thither, " all sorts of cattle, horses, mares, colts, grain, victuals, 
provisions, and other necessaries, together with all sorts of mer- 
chandise of what nature soever," and expose them for sale or 
barter " in gross, or by retail, at the times, hom-s, and seasons" 

* Doc. Hist N". Y., iv. 821-824. 

f Act of 13th George III, in Laws of New York, Van Schaack's ed. 1691-1773, 
pp. 796, 797. 



1773.] COUNTY FAIKS. 193 

appointed. At each fair, an officer, styled a Governor, had 
supreme control, and was empowered to " commissionate " 
rulers of the fair, who were " to hold Courts of Pypowder," in 
the manner in which they were conducted in England.* In 
accordance with these regulations, an act was passed on the 8th 
of March, 1773, " respecting fairs in the counties of Albany, 
Cumberland, and Tryon." In making provision for the second 
named county, two fairs were appointed to be holden annually 
at "Westminster ; the first from the first Wednesday in June 
until the evening of the Friday next ensuing, and the second, 
for the same period, from the first Wednesday in September. 
All the rules and usages which had obtained under the old act, 
were applied with full force by the new act to the regulation of 
the fairs in the county of Cumberland.f 

A question having arisen as to the remuneration which the 
members from Cumberland were to receive for their services, 
an act was passed on the 8th of March by which the sum of 
twelve shillings, current money, was allotted to each of tliem 
for every day's attendance on the Assembly. Ten days was 
apportioned to each at the beginning, and the same number of 
days at the close of the session, to be used in going to and 
returning from the Assembly, and for the time thus consumed, 
regular attendance fees were allowed. The county treasurer 
was ordered to pay the representatives their wages on a warrant 
from the supervisors, and the sum thus expended was to be 
assessed as other charges, and collected within ten days after 
the assessment. 

On the 29th of November, 1745, an act had been passed to 
prevent damages by swine in Dutchess county. Cumberland 
being in want of similar protection, this act was extended to 
that county on the 8th of March, 1773, and was declared to be 
in force until the 1st of January, 1775.:}: 

* The word Piepoudre, Piepowder, or Pypowder, i3 derived from the French 
pied, foot, and poudreux, dusty, from poudre, dust ; or pied-puldreaux, a peddler. 
Kepowder courts were granted at fairs in England, for the purpose of investigating 
all manner of causes arising and disorders committed upon the place, and were so 
called either " because justice was done to any injured person before the dust of 
the fair was off his feet," or because the principal disputes determined were be- 
tween those who resorted to the fairs, and the alien merchants or peddlers who 
generally attended on such occasions. Brand's Popular Antiquities, iL 468. 

f Act of 4th William and Mary, and act of 13th George III., in Laws of iS'ew 
York, Van Sehaack's ed., 1691-1773, pp. 11-14, 802. 

X The act of November 29th, 1746, referring to Dutchess county, was again 

13 



194 HISTORY OF EASTERN VERMONT. [1774. 

At the session of the LegisLature, for the year 1774, only one 
act was j)assed in which especial reference was had to Cumber- 
land county. This act, passed on the 9th of March, had for its 
object, the revision of the laws concerning " common and pub- 
lic highways," and the facilitation of the business of " raising 
the county charges." By its provisions, all disputes which 
might arise as to the " place proper for making a road," were 
to be determined by commissioners appointed by the court of 
General Sessions, who were to be paid by the towns interested. 
Tlie road which they might lay out, was to be worked as were 
other roads. Owing to the importance of Westminster, as the 
county town, particular care was taken that the approaches to 
it should be kept in good condition. Its inhabitants who were 
freeholders and who lived on the " town street," or who owned 
lands bordering thereon, were each of them ordered to work 
three days during the year 1774, " in clearing, opening, and re- 
pairing the said town street, to the breadth of ten rods." This 
service was to be deducted from the amount of general road 
labor, which each was required to perform. As to the classes 
of persons bound to or excused from labor, by the general road 
law, it was enacted, that every laborer or tradesman who was 
not a freeholder or housekeeper, should be obliged to work only 
three days in each year on the highways, and all indented ser 
vants living with and laboring for their masters, and young men 
living with and laboring for their parents, and not freeholders, 
were wholly excused from road work on then- own account. 
Freeholders were compelled to keep the roads in repair, and 
eight hours of labor in that service, was deemed a day's work. 

A short time before, a road had been laid out through the 
townships of Brattleborough, New Marlborough, Whiting, and 
Dra]3er, in Cumbei-land county, and through the townshijDS of 
Readesborough, New Stamford, and Pownal, in Albany county. 
As this road was calculated to facilitate the transportation of 
produce to market, and raise the value of land, the freeholders 
residing in the townships through which it passed, were ordered 
to work on it three days in each year, thenceforward. Samuel 
Anderson of Albany county, and John Houghton and Malachi 
Church of Brattleborough, were appointed commissioners toin- 

revived on the 1st of April, l7Yo, to be continued until January 1st, 1Y90, and 
was, as before, extended to Cumberland county. Act of loth George III. in New 
York Colony Laws, 1*774, 1775, p. 127. See also act of 19th George II., and of 
LSth George III., in Laws of N. Y., Van Scbaack's ed., 1691-1773, pp. 266, 803. 



1774.] LAST SESSION OF THE COLONIAL LEGISLATUKE. 195 

spect tlie road and alter its course, if they should think best, 
and were allowed eight shillings per diem for their services. 

To facilitate the raising of county charges, the justices of the 
peace, in case any township or district should neglect to choose 
a supervisor, assessors, or collectors, " at the proj)er time," were 
authorized to nominate, at the next court session, the officers so 
neglected to be chosen, who Avere obliged to serve under a 
penalty of ten pounds. This penalty, if incurred, was to be sued 
for by the county treasurer, as were also moneys detained by 
the collectors against the will of the sheriff. The second Tues- 
day in June was fixed upon as the day on which the supervisors 
were to hold their annual meeting at TVestmiuster. The laws 
passed by the New York Legislature for the benefit of Cmnber- 
land county, although wisely planned, were not readily execut- 
ed. Where a direct and palpable benefit was to ensue from 
their observance, they were obeyed ; but when any one chose to 
break them, his disobedience was but little regarded, and was 
still more rarely punished.* 

Tlie last session of the Colonial Legislature of New York, held 
in the early part of the year 1775, was noted for the amount of 
business which was transacted and the large number of bills 
which were passed. Of the latter, only two related to Cumber- 
land county, and of these, that by which the weetern bounds of 
the county were changed, has been already noticed.f The 
other bill, enacted on the 1st of April, had for its object, the pre- 
vention of the trial of causes in tg,verns, by justices of the peace. 
In accordance with an established law of the colony, justices of 
the peace were allowed to hold a court for the trial of causes 
to the value of five pounds and under. In Cumberland coun- 
ty, it had come to be the fashion for justices to hold their courts 
in taverns, "to the great prejudice of the suitors, and damage 
of the inhabitants." To prevent this abuse, justices who should 
be guilty of it after the second Tuesday in June following, were 

* Act of 14th George III., in New York Colony Laws, 1774, 1775, pp. 51-55. 

f The law referred to, was passed March 12th, 1772, and was entitled, "An 
Act to empower Justices of the Peace, Mayors, Recorders, and Aldermen to try 
causes to the value of five pounds, and under, and for suspending an Act therein 
mentioned." Act of 12th George III, in Laws of New York, Van Schaaok's ed. 
1691-1773, p. 648. 

The "Act therein mentioned" was passed December 16th, 17S7, while George 
Clarke was Lieutenant-Governor, and was entitled, " An Act for establishing and 
regulating Courts, to determine causes of Forty Shillings, and imder, in this Co- 
lony."— /62ci pp. 194-196. 



196 mSTOKY OF EASTERN VERMONT. [1774. 

to forfeit for each oflence ten pounds, and the proceedings of the 
court held in disobedience to this order, -were declared null and 
void. Forfeitures in such cases, were to be sued for and reco- 
vered, with costs of suit, by a qui tarn action in any court of 
record in the colony, one half of the sum to be allowed the pro- 
secutor for his trouble, the other half to be appropriated to the 
support of the poor in the township or district where the offence 
was committed.* 

On the 3d of April, two days after the passage of this act, 
the Colonial Assembly of New York adjourned, never to meet 
again. The feelings of hatred towards Great Britain, which 
had originated, in part, in the extension of the stamp laws to 
the colonies ten years previous, had in the mean time been 
increasing in force, and now, as then, found their exponent 
in the conduct of the " Sons of Liberty." Long had these 
determined men waited for the time when they should be able 
to demand of Great Britain the free exercise of those rights 
which had been guaranteed to them as her subjects. That 
time had now come, and they were not unprepared to improve 
the opportunities which it offered. 

Among the most prominent actors in the ante-revolutionary 
history of New York, was Isaac Low. Early in the year 1774, 
a committee of correspondence had been formed in the city of 
New York, for the purpose of ascertaining the feelings of the 
inhabitants of the province in regard to the usurpations of the 
mother country. As chairman of this committee, Low had 
written to the supervisors of Cumberland coimty, on the 21st 
of May, in that year, for information as to the measures wliicli 
the majority of the people in that part of New York would be 
likely to adopt in the present crisis. At their meeting in June, 
no action was taken upon his letter by the supervisors, and, 
either " through ignorance or intention," they endeavored to 
keep the knowledge of the existence of such a document from 
the people. The secret, nevertheless, was whispered abroad, 
and having become known to Dr. Reuben Jones of Rocking- 
ham, and Capt. Azariah Wright of Westminster, was commu- 
nicated by them to the towns in which they lived. Meetings 
were, in consequence, called in those towns, and a committee 
from each was appointed to wait on the supervisors at their 
meeting in September, to see if they had in their possession 

"• Act of 15th George III., in New York Colony Laws, 1774, 1776, p. 128. 



1774.] CALL FOR A CONTENTION. 197 

any papers which should have been laid before the people of 
the county. When that, which had been a suspicion, proved to 
be a fact, the supervisors made many excuses for their conduct. 
Some pleaded ignorance, " some one thing, and some another.-' 
But " the most of them," says Dr. Jones, in his account of the 
affair, " did seem to think that they could send a return to the 
committee at New York, without ever laying it before their 
constituents ; which principle, at this day, so much prevails, 
that it is the undoing of the people." " Men, at this day," 
adds the philosophic chronicler, " are so tainted with the princi- 
ples of tyranny, that they would fain believe that, as they are 
chosen by the people to any kind of office, for any particular 
thing, they have the sole power of that people by whom they 
are chosen, and can act in the name of that people in any 
matter or thing, though it is not in any connection with what 
they were chosen for."* 

A resolution was now formed that no answer should be 
returned to Low's letter, until it had been laid before every 
town in the comity. In accordance with this determination, 
the people in each town were invited to send delegates to a 
convention to be holden at Westminster on the 19tli of October 
following. When the call was received at Chester, four of the 
inhabitants, by a written application, dated October 3d, re- 
quested Col. Thomas Chandler, the town clerk, to call a town 
meeting, that it might be known by a pubHc expression whether 
the people were willing " to choose a com*® to make report to 
y® com*® of Correspondence," whether they would " stand for 
the privileges of North America ;" whether they were content 
" to receive the late acts of Parliament as Just," or would 
"view them as unjust, oppressive, and unconstitutional." A 
meeting was accordingly held on the 10th of October. Col. 
Chandler was chosen moderator, and a committee of five were 
directed to join the county committee for the purpose of pre- 
paring a report for the committee of correspondence in the city 
of New York. Not content with lending their aid to effect 
those changes in behalf of which many were soon to suffer, they 
resolved in the most patriotic manner, and in language whose 
meaning was unmistakable, " that the People of America 
are Naturally Intituled to all the Priviledges of Free Borne 
Subjects of Great Britain, which Priviledges they have Never 

* Blade's Vt State Papers, p. 55. 



198 HISTORY OF EASTERN VERMONT. [1774:. 

Forfeited' ; that Every Man's Estate, Honestly acquired, is his 
own, and no person on Earth has a Right to take it away with- 
out the Proprietor's Consent, unless he forfeit it by some crime 
of his committing; that all acts of the British Parliament, 
Tending to take away or abridge these Rights, ought not to be 
obeyed ; that the People of this Town will joyn with their 
Fellow American Subjects in opposing in all Lawfull ways 
every incroachment on their Natural Rights." Thus spoke the 
people of Chester. In capital letters and in syllables strength- 
ened by heavy gutturals, they spoke, but their language was not 
the " great swelling words of vanity." Every sound contained 
a meaning, and every meaning seemed to look forward to a 
develoj^ment of itself in action. Similar meetings were held in 
other places with similar results.* 

On the 19th of October, eighteen delegates from twelve 
towns, met in convention at the " County Hall" in Westminster. 
Tlie session lasted two days. Col. John Hazeltine of Towns- 
hend, was chosen chairman, and the meeting having been pro- 
perly organized, the letter of Isaac Low, the act of the British 
Parliament by which a duty had been levied on tea for the 
purpose of raising a revenue in America, the Boston port bill, 
and several arbitrary declarations of the English government, 
were read in the hearing of the people. These papers were 
referred to a committee consisting of John Grout, of Chester ; 
Joshua "Webb, of Westminster ; Paul Spooner, of Hertford ; 
Edward Harris, of Halifax ; and Major William Williams, of 
Marlborough. In the report which they submitted on the fol- 
lowing day, they briefly reviewed the suiferings which they 
had endured as pioneers in the settlement of a new country, 
and the hardships they had encountered in " subduing the 
wilderness, and converting it into fruitful fields." Tliey 
expressed the greatest surprise that Americans should, by the 
late acts of Parliament, have been deprived " of that great 
right of calling that their own," which they by their industry 
had honestly acquired ; that the King and Parliament should 
dare to say with impunity they had " a right to bind the 
colonies in all cases whatsoever," and that they should " attempt 
to exercise that authority, by taking, at their pleasure, the pro- 
perties of the King's American subjects without their consent." 
" He who has nothing" — tliis was the argument of these liberty. 

* MS. records of the to-n-n of Chester. 



17T4.] HESOLUTIONS PASSED. 199 

loving men, who, regardful of the course which England had 
pursued towards her colonies, looked forward with dread 
apprehensions to the future — " he who has nothing but what 
another has power at pleasure lawfully to take away from him, 
has nothing that he can call his own, and is, in the fullest sense 
of the word, a slave — a slave to him who has such power ; and 
as no part of British America stipulated to settle as slaves, the 
privileges of British subjects are their privileges, and whoever 
endeavours to deprive them of their privileges is guilty of 
ti'eason against the Americans, as well as the British constitu- 
tion." 

In view of these sentiments, they resolved " that as true and 
loyal subjects of our gracious sovereign. King George the 
Third of Great Britain, &c., we will spend our lives and 
fortunes in his service ; that as we will defend our King while 
he reigns over us, his subjects, and wish his reign may be long 
and glorious, so we will defend om* just rights, as British sub- 
jects, against every power that shall attempt to deprive us of 
them, while breath is in our nostrils, and blood in our veins ; 
that considering the late acts of the British Parliament, for 
blocking up the port of Boston, &c., which we view as arbitrary 
and unjust, inasmuch as the Parliament have sentenced them 
unheard, and dispensed with all the modes of law and justice 
which we think necessary to distinguish between lawfully 
obtaining right for property injured, and arbitrarily enforcing 
to comply with their will, be it right or wrong, we resolve to 
assist the people of Boston in defence of their liberties to the 
utmost of our abilities." In the next resolution they announced 
in the most explicit terms the rules by which their own conduct 
should be governed in circumstances in which they might be 
nearly concerned. " Sensible," said they, " that the strength 
of our opposition to the late acts consists in a uniform, manly, 
steady, and determined mode of procedure, we will bear tes- 
timony against, and discourage all riotous, tumultuous, and 
unnecessary mobs which tend to injm'ethe persons or properties 
of harmless individuals ; but endeavour to treat those persons 
whose abominable principles and actions show them to be 
enemies to American liberty, as loathsome animals not fit to 
be touched or to have any society or connection with." 

Agreeable to the suggestions contained in Low's letter, a 
committee composed of Joshua "Webb, John Grout, William 
"Williams, Deacon John Sessions of Westminster, and Capt. 



200 EISTOKY OF EASTERN VERMONT. [1774. 

Joab Hoisington of "Windsor, were chosen to communicate 
witli other committees of correspondence in the province and 
elsewhere. Tlianks were returned to the committee in Xew 
York city for the notice thej had taken of the " infant county," 
and the chairman was directed to forward the resohitions of the 
convention to Isaac Low, and inform him why his letter to the 
supervisors had not met with an earlier answer. The con- 
vention also acknowledged their obligations to John Hazeltine, 
"for his good services as chairman." This report was read, 
paragraph by paragraph, and was adopted unanimously. Al- 
though there is no record to that effect, yet power seems to 
have been given to the chairman to convoke another convention 
whenever the good of the county might seem to demand it.'^ 

The town of Dummerston numbered among its inhabitants 
some who were unfriendly to the jurisdiction of ^ew York, 
and who regarded the order of the King in Council, by which 
Connecticut river was declared the eastern boundary of that 
province, as especially tyrannical. Such were pre-eminently 
the views of Solomon Harvey, the physician and clerk of this 
patriotic village, and the records which he kept, in virtue of the 
latter office, exhibit on almost every page, traces of his peculiar 
disposition. Tlie dislike which he, in common with others, 
entertained towards the government of New York, had no 
doubt been increased by the aristocratic bearing of some of 
the county officials who held their appointments from the 

* American Archives, Fourth Series, IT^S, vol. ii. cols. 1064-1066. The proceed- 
ings of this convention — the first held -within the limits of the present state of 
Vermont for the purpose of opposing the tyrannous measures of Great Britain — 
■were not made public until the middle of the year following. Meantime, the 
Congress of the United Colonies had been organized, and a report had got abroad 
charging the people of Cumberland county with being unfriendly to its measures. 
On the 23d of June, 1775, some person in New York city — probably John 
Hazeltine, for he had arrived there as a member of the New York Provincial 
Congress two days previous — addressed a note to John Holt, the editor of the 
New York Journal, couched in these words : " The County of Cumberland in 
this Province, having been represented as inimical to the proceedings of the 
late Continental Congress at Philadelphia, and to the several Provincial Congresses 
since held in the respective British Colonies in America in defence of their just 
rights and freedom ; you are desired to publish in the New York Journal the 
following Proceedings and Resolutions of a General Committee, consisting of the 
Committees of a number of Towns, by which the whole County was well 
represented at a meeting in October last. The long delay of the publication was 
occasioned by some unfair practices of a small but mischievous party, together 
with the remote situation of the County from the City of New York." Holt 
complied with the request of his correspondent, and the opinions of the people 
of Cumberland county were presented in their true light. 



177-1.] EXTRACT FROM THE RECORDS OF DUMMEESTON. 201 

Colonial Legislature ; and the abuse of power whicli these men 
sometimes exhibited in their fmictionaiy character, was used as 
an argument against those from whom they had received their 
authority. At a town meeting held at Dummerston on the 
17th of May, 1774, the people omitted to choose town trustees. 
" Should this Excite any Speculation," says Harvey, who entered 
an account of the event on the town records, several years after 
its occm'rence, " it may be remembered that the Government 
of ISTew York, has. Ever Since July y^ 4th Anno 1764,* Exer- 
cised an unpresidented system of tyrany over all that teritory 
Since Called State of Yermont, and did in almost Numberless 
instances So Cruelly Harrass and pillage the poor Kew Settlers 
in this intolerably inhospitable wilderness, as rendered their 
hard Erned pittances Scarce worth Enjoying, and all under the 
Sacred and auspecious Name of administring justice." 

Having with these words aroused the recollection of liis 
readers, the eloquent clerk proceeds to unfold to them the 
reasons which led the people of the town to postpone the 
election of trustees. " Governor Tryon & his imps, and the 
mmions of the British tyrant (George the third)," these are his 
glowing words : " had by their Hell-invented policy, their plans, 
Commissions, and other artful insinuations, Extended their in- 
fluence into Every New plantation, over which they tyranized ; 
and had not failed Even to have Some in their interest in this 
town, who by art and insinuation, overpersuaded the honest 
people of this town to Omit Chusing trustees for the year, 
alledging that they had no right to it by virtue of any Law of 
the government, notwithstanding the provision made and pro- 
vided in such Cases, and the Special injunction to all incorpo- 
rated Societies to Comply with it." The people having 
discovered the imposition which had been practised upon them, 
and fearful that some of the higher dignitaries of the county 
would " appoint some of their emissaries to supply the place of 
trustees," caused another meeting to be notified, and ai^oided 
the mischief which had been intended for them by choosmg for 
themselves the officers whose places had been left vacant at the 
regular election.f 

Fully on their guard, and ready to treat as tyrants those who 

* The order in Council which declared Connecticut river to be the eastern 
boundary of New York, was passed on the 20th of July, 1764. It is to this date 
that Harvey probably intended to refer. 

■j- MS records of the town of Dummerston, i. 15-lY. 



202 HISTORY OF EASTEEN VERMONT. [1774:. 

should endeavor to dej^rive them of any of their privileges, 
they afterwards sent delegates to the Westminster convention, 
and were among the foremost in advancing the objects for 
which it had been convoked. iTor was it long before they had 
an opj^ortuuity to carry into action the spirit which they had 
evinced in words. An event occurred in their own rock-ribbed 
village, which allowed full scope to their patriotism, and ended 
in confirming the jealous watchfulness with which they had 
resolved to guard their rights. The warm-blooded Dr. Harvey, 
the " village Hampden" of Dummerston, who, judged by his 
zeal and courage, seems to have possessed 

" Hands, that the rod of empire might have svray'd," 

was the leader on this occasion. He has shown, in his narrative 
records, how the insolence of Britain was checked by the valor 
of himself and of his compeers, and it is but right that he 
should tell the story in his own quaint and energetic mode. 

" On the 28th of October, A. Dom. 1774, Lieut. Leonard 
Spaulding of the town of FulDiam alias Dummerston, was Com- 
mitted to the Common gaol for high treason against the British 
tyrant George the third,* by the direction of the infamous 
Crcan Brush, his attorney, & Noah Sabin, "William Willard, 
& Ephraim Ranney Esqrs., and AVm. Paterson the high 
Shreeve, and Benja. Gorton, and the infamous Bildad Easton, 
and his Deputiesf ; upon which, on the following day, viz. 

* " P. S. Mr. Spaulding's pretended Crime was, that he threw out some words 
unfavourable to the British tyrant relating to the Quebec Bill by which he is 
made Pope of that government." — MS. Dummerston. records, i. 20. 

The cause of Lieutenant Spaulding's confinement, is more fully given in the 
annexed extract. " One man they put into close prison for high treason ; and all 
that they proved against him, was, that he said if the king had signed the Quebec 
bill, it was his opinion that he had broke his coronation-oath. But the good 
people went and opened the prison door and let him go, and did no violence to 
any man's person or property." — Slade's Vt. State Papers, p. 56. 

By the provisions of the Quebec bill, as it was called, the Roman Catholic 
religion, instead of being tolerated in Quebec, as stipulated by the treaty of jjeace, 
was established. By the same act the people of the province were deprived of the 
right to an Assembly. Trial by jury, and the English laws, in civil cases, were 
abolished. In the place of the latter laws, the laws of France were established, in 
direct violation of his Majesty's promise in his royal proclamation. See Journals 
Am. Cong. i. 37. 

\ Jacob Laiighton of Dummerston who was born in Rutland, Massachusetts, 
September 10, 1760, and who was contemporary with Dr. Harvey, remarked to 
the author, in a conversation which took place in December 1851, that " Lieut. 
Spaulding was a resolute man," and that " it took three or four ' Yorkers' to 
conquer him when he was committed to the jail at Westminster." 



1774.] EXTRACT FROM THE RECORDS OF DUMMERSTON. 203 

October the 29tli, a majority of the inhabitants met near the 
house of Charles Davenport on the green, and made Choice of 
Sundry persons to Serve as a Committee of Correspondancy to 
joyne with other towns or respectable bodies of peopel, the 
better to secure and protect the rights and priveledges of them- 
selves and fellow-cretures from the raveges and imbarassments 
of the British tyrant, & his New York and other imme- 
saries. 

" The persons made choice of, were these, viz., Solomon 
Harvey, John Butler, Jonathan Knight, Josiali Boyden & 
Daniel Gates, by whose vigilence & activity Mr. Spaulding 
was released from his Confinement after about eleven days : the 
Committee finding it Necessary to be assisted by a Large Con- 
course of their freeborn Neighbours and bretherin, Consisting of 
the inhabitants of Dummerston, Putney, Guilford, Halifax and 
Draper, who discovered a patriotic Zeal & true heroic for- 
titude on the important occation. The plain truth is, that the 
brave sons of freedom whose patience was worn out with the 
inhuman insults of the imps of power, grew quite sick of diWng 
after redress in a Legal way, & finding that the Law was only 
made use of for the Emolument of its Cretures & the im- 
misaries of the British tyrant, resolved upon an Easyer Method, 
and accordingly Opned the goal without Key or Lock-picker, and 
after Congratulating Mr. Spaulding upon the recovery of his 
freedom. Dispersed Every man in pease to his respective home 
or place of abode. The afforgoing is a true and short relation 
of that TVicked afiair of the New York, Cut throatly, Jacobitish, 
High Church, Toretical minions of George the thu-d, the pope 
of Canada & tyrant of Britain." Such is the graphic and 
impartial narrative of one who was the chronicler of events in 
which he bore an important part. Comment is unneces- 
sary.* 

While the people of Cumberland county were thus engaged 
in endeavoring to pluck off the leaves from the tree of despotism, 
the representatives of the different Colonies, assembled in Con- 
gress at Philadelphia, were dealing vigorous blows at its 
trunk. 

Tlie adoption by Congress of the " non-importation, non-con- 
sumption, and non-exportation association" on the 20th of Oc- 
tober, was hailed with a joy, which, though not universal even 

* MS, records of the town of Dummerston, i 18-20. 



204 HISTORY OF EASTERN VERMONT. [1774. 

among the lovers of liberty, was significant of the feelings of the 
mass of society. By the advice of some of the leading men in 
Cumberland county, John Hazeltine, on the 13th of November, 
assumed the responsibility of issuing circulars to the different 
towns, notifying a second convention to be held at Westminster, 
and inviting the attendance of delegates. At a meeting which 
was held at Chester, on the 28th of N^ovember, in accordance 
with this call, two delegates were chosen to represent that town 
at "Westminster. Tliey were instructed to " use their best en- 
deavors" to jDrocure from the convention, a vote of thanks to 
the Continental Congress " for their good services," and an assur- 
rance that the people of the county would " fully comply with 
their advice and resolutions." They were also directed to exert 
their influence to obtain the passage of certain instructions to 
Samuel Wells and Crean Brush, their representatives in the 
ISTew York Legislature. Of these instructions, the chief was, 
that their representatives should exert " their best skill and wis- 
dom" to choose deputies to attend the Congress of the Colonies, 
to be held at Philadelphia in the following May, unless the 
grievances universally complained of should be redressed before 
that time. On the same day, a similar meeting with similar re- 
sults was held in Dummerston. Among the votes passed on 
that occasion, was one particularly significant, by which the as- 
sessors were directed to " assess the town in a Discretionary sum 
of money, Suflicient to procure 100 weight of gunpowder, 200 
Weight of Lead & 300 flints, for the town use." The tax was to 
be taken in " potash salts," and a committee was appointed to 
receive that article. 

At the second convention, held at Westminster, on the 30tli 
of November, " all the resolves of the Continental Congress" 
which had been passed a few weeks previous, were adopted, 
and a promise was made by which the delegates bound them- 
selves as representatives of their constituents " religiously to ad- 
here to the non-importation, non-consumption, and non-exporta- 
tion" association. An attempt was made to form a county com- 
mittee of inspection, but as this movement was " much spoken 
against by a justice and an attorney," and was " looked upon by 
them as a childish, impertinent thing, the delegates dared not 
choose one." The state of the county was then considered, as 
were also the inconveniences to which the inhabitants were 
subjected in collecting their dues in the province of New Hamp- 
shire. As to the general spirit of the proceedings of the con- 



1775.] COMMITTEES OF INSPECTION. 205 

vention, there was no retrogression from the high position which 
had been taken in the previous month." 

In one of the articles of the " non-importation, non-consumption 
and non-exportation association," was a recommendation that a 
committee should be chosen " in every county, city and town," 
by those " qualified to vote for representatives in the Legisla- 
ture," whose business it should be " attentively to observe the 
conduct of all persons" in regard to the measures which had 
been adopted by the association. The advice conveyed in these 
words, though rejected by the "Westminster convention, was not 
unheeded by the patriotic people of Dummerston. The service 
implied was such as suited their temper. The subject was 
broached in town meeting, on the 3d of January, 1775, and seven 
persons, with Dr. Harvey at their head, were chosen a " Com- 
mittee of inspection" to observe the " Conduct of the inliabitauts, 
agreeable to an order or recommendation of the Kight Honora- 
ble Continental Congress." The authority with which this com- 
mittee was vested, was by no means negative, and their office 
was in no sense of the word a sinecure. Under their inquisito- 
rial sway, two of the town assessors were removed from their 
places, because they had refused to purchase the stock of am- 
munition which was to be paid for in " potash salts." From one 
man they took a gun, because forsooth they suspected it con- 
tained a ball more friendly to the King than to the Congress. 
By their decision, another man who had been prominent in the 
history of the village, was declared unfit for office, and was not 
permitted to act in a pubHc station, until by his conduct he 
evinced the spirit of a patriot. After the commencement of the 
Revolution, committees like these were to be found in almost 
every town throughout the New Hampshire Grants, but the peo- 
ple of Dummerston seem to have led the way in sustaining in 
Cumberland county the eflTorts of Congress to guard against the 
manoeuvres of inimical persons.f 

So favorable had been the result of the two Westminster 
conventions, that it was thought best that another convention 
should be held early in the year 1775. Warrants signed by 
Col. John Hazeltine, were in consequence sent to the different 
towns in the county on the 30th of January, and primary meet- 
ings were again convened for the purpose of choosing delegates. 

* MS. records of the town of Chester, I 37-40. MS. records of the town of 
Dummerston, I 28. Slade's Vt. State Papers, pp. 55, 56. 

f Journals Am. Cong. i. 25. MS. Dunmierston Records, vol. Ipataitn. 



206 HISTORY OF EASTERN VERMONT. [17Y5. 

As on former occasions, the towns of Chester and Dummerston 
were foremost in responding to the call. On the Tth of Febru- 
ary, delegates from twelve towns assembled at Westminster, 
and the convention was organized by the choice of Col. John 
Hazeltine as chairman, and Dr. Paul Spooner as clerk. The 
session lasted three days. A standing committee of correspond- 
ence, composed of persons from twenty-one towns, was chosen, 
that the county might be kept well informed as to the doings 
of the friends of liberty in the different colonies. Its members 
were Joshua Webb, Nathaniel E-obinson, and Abijah Lovejoy, 
of "Westminster ; Capt. Samuel Minott, of Putney ; Dr. Solomon 
Harvey, of Dummerston; Nathaniel French, of Brattleborough ; 
William Bullock and Hezekiah Stowell, of Guilford; Lieut. 
Eleazer Patterson, of Hinsdale, now Yernon ; Ed%vard Harris, 
of Halifax ; Charles Phelps and Capt. Francis Whitmore, of 
Marlborough; Elijah Alvord, of Draper, now Wilmington; 
Samuel Robertson, of Newfane ; Col. John Hazeltine and 
Samuel Fletcher, of Townshend ; James Eogers, of Kent, now 
Londonderry ; Moses Gile, of Chester ; Moses Wright and 
Jonathan Burt, of Rockingham; Simon Stevens, of Spring- 
field ; Hezekiah Grout and Oliver Rider, of Weathersfield ; 
Benjamin Wait, of Windsor; Dr. Paul Spooner, of Hertford, 
now Hartland ; " Esquire" Jonathan Burk, of Hartford ; Jacob 
Hazeltine, of Woodstock; and John Winchester Dana, of 
Pomfret. Col. Hazeltine was chosen chairman of the com- 
mitte. Dr. Spooner, Joshua Webb, Abijah Lovejoy, Dr. 
Harvey, and Capt. Whitmore were appointed to "serve as 
monitors to the committee of correspondence" and were 
directed to transmit all letters of public importance, and con- 
vey all intelligence of general interest of which they might 
become possessed to Col. Hazeltine. To avoid any misrepre- 
sentation of the objects for which the delegates had assembled, 
Charles Phelps and Dr. Harvey were instructed to prepare for 
publication, such extracts from the doings of the convention as 
they should deem advisable, and to add a short account of the 
]3roceedings which had taken place at the meetings which had 
been previously held. Power was given to the chairman to 
call a general meeting of the town committees in cases of great 
emergency, or on application of the committees of three towns ; 
and he was directed to notify a meeting without delay when the 
application should proceed from the committees of five towns.* 

* MS. Pingry Papers. 



1775.] PETITION TO THE LEGISLATURE. 207 

One of the main objects for which this convention was 
assembled, was to obtain, if possible, from the Legislature of 
New York, the passage of such kws as would tend to improve 
the mode of administering justice in the county courts, and 
effect a change in several of the prehminaries in judicial 
proceedings. A formal petition, drawn by Charles Phelps, 
was in consequence addressed to Lieutenant-Governor Cadwal- 
lader Colden, and probably received the sanction of the con- 
vention before its adjournment. In this document the delegates, 
in behalf of their constituents, represented the " great expense 
and heavy burdens" that had been imposed on the county by 
the additional courts which had been lately established. As 
the result of this change, they stated that lawsuits had increased, 
charges had been multiplied, and families nearly beggared. 
Tliey further declared that their hard-earned money had been 
appropriated in fulfilling the conditions of their charters, in 
clearing their heavy timbered lands, in cultivating their fields, 
in supporting their " numerous and very indigent families," and 
in building the court-house and jail, which had been located at 
Westminster. Among their other hardships, they mentioned the 
inconveniences attending the " calling off from their business" 
of more than seventy farmers at each of the quarterly sessions of 
the court to act as grand and petit jurors, for which service they 
did not receive enough to defray their expenses ; the wages 
which they were obliged to pay their representatives in the 
Colonial Legislature, and the high fees charged by attorneys for 
their work. These and other inflictions of a similar nature they 
pronounced " very burthensome and grievous," and stated that 
unless they were redressed the further settlement of the county 
would be greatly obstructed. 

In view of this representation, they prayed that the number 
of the terms of the inferior court of Common Pleas, and of the 
court of General Sessions of the Peace, might be reduced to 
two of each annually, and further, that such an arrangement 
might be continued for seven years. They also asked for the 
reduction of the number of grand and petit jurors to eighteen 
each, for each of the court terms ; for the lessening of the retain- 
ing fee taxed by the court in bills of costs, to ten shillings ; for 
a regulation by which aU deeds and conveyances of lands 
should for the future be recorded in the office of the clerk of 
the town in which the lands might lie ; for the establishment 
of a probate office in the county ; for the passage of an act by 



208 HISTORY OF EASTERN VERMONT. [1775. 

which all processes issuing from justices of the peace, under 
" the restriction of the five pound act," should be served by 
constables and not by the under sheriff or his deputies ; for the 
repeal of the law by which such processes were served by the 
sheriff, and for the passage of another act by which grand 
jurors should be paid for their services from the fines collected 
of criminals. Such were the changes prayed for by the con- 
vention. Through some inadvertence, those who were charged 
with the care of the petition delayed so long to send it to the 
Colonial Legislature, that when they would fain have retrieved 
their neglect, they found that that body had held its last session, 
and declared its final adjournment. Another circumstance had 
also occurred which rendered the contemplated reforms 
unnecessary. The courts of Cumberland coimty had been 
stopped by violence, and Providence had effected the desired 
changes in a manner far different from that which had been 
contemplated by man.* 

* The petition, of which a synopsis is given in the text, was sent by Elijah 
Grout of Windsor, to Samuel Wells, Noah Sabin, Nathan Stone, Benjamin 
Butterfield, Samuel Gale, Samuel Knight, and Jonathan Stearns, who, previous 
to March 13th, 1175, were the principal officers in the courts of the county. 
Grout's letter accompanying the petition, was dated April 15th, 1775, and at that 
time, those whom he addressed had just reached New York, after having been 
detained in prison nearly a month. — Brattleborough Semi-Weekly Eagle, Thurs- 
day, December 6tb, 1849. 



CHAPTER IX. 



(( 



THE "WESTMINSTER MA8SACKE. 

An Ante-Revolution Event — Westminster — The "Street" — ^The Old Meeting- 
house — The Pulpit — The Sounding-board — The Powder-hole — The Whips — 
The Collection-box — The Choir — ^I'he Foot-stove — The Burying-ground — The 
Grave of William French — The Epitaph — Condition of the Colonies before the 
Revolution — The Feeling in Cumberland County — Distrust of the Courts — Re- 
monstrance with Judge Chandler — The Whigs assemble at Westminster — ■ 
Scenes of the Night of March 13th — Norton's Tavern — The Sheriff's Posse — The 
Attempt to enter the Court-house — The " Massacre" — ^The Frolic — The State- 
ment of Facts^Couriers — The Gathering — Appearance of the Court-house — 
Inhuman Suggestions — Excitement of the Yeomanry — Robert Cockran — Treat- 
ment of the Tories — Sketches of the Liberty-men — William French — His 
Character — Reminiscences concerning him — His Death — The Inquest — The 
Burial — Daniel Houghton — Jonathan Knight — Philip Safford — ^Tory Deposi- 
tions — Weapons of the Whigs — Incidents connected with the " Massacre" — 
Joseph Temple — John Hooker — John Arms, the Poet — The "Massacre" in 
Rhyme — Thomas Chandler, Jr. — ^The Punishment of the Court Officers — Their 
Imprisomnent — Their Release — Action of the Legislature of New York — Lieu- 
tenant-Governor Colden's Message — Appropriation of £1,000 — Colden to Lord 
Dartmouth — The Influence of Massachusetts Bay in producing the " Massacre" 
— What justifies an Insurrection ? — Claims of William French to the title of the 
Proto-martyr of the Revolution, 

Among the important events immediately preceding and 
connected with the war of the Revolution, which served to 
show the feelings of the great mass of the American people, 
and prognosticated the impending struggle, none has been 
buried in deeper obscurity than that w^iich occurred at West- 
minster, on the night of the 13th of March, 1775. In some 
minds, the words " "Westmiuster Massacre" may perchance 
awaken recollections of the venerable grandsire, who, with his 
^oscendants gathered around him, 

" Wept o'er his wounds, and tales of sorrow done, 
Shouldered his crutch, and showed how fields were won ;" 



210 HISTORY OF EASTERN VERMONT. [1T75. 

or who, during the long winter evenings, was wont to depict, 
in his own expressive language, to the listening group, the 
scenes of the battles of Bennington or Saratoga, or, it may be, 
those of the night to which allusion has been made. The 
descendants of a revolutionary ancestry who have been thus 
favored, will not forget the glow which burned on the counte- 
nance ot the old patriot, nor the enthusiasm with which he 
referred to these and similar events, as the greatest eras in his 
own life and in the history of his country. To the minds of 
others, these words may convey but little meaning beyond 
their etymological signification. 

"When we consider the hardy character of the early settlers 
on the western banks of the Connecticut, their uncompromising 
hatred of oppression, and their holy love of freedom — which 
principles, originating in Massachusetts and Connecticut, had, 
among the hills of the adopted province, attained their full 
strength and reached their complete proportions — when we 
reflect on these considerations, we need look no further for the 
cause which obtained for Vermont the honor — though late 
accorded, yet none the less real on that account — of being the 
State which gave to the American States the proto-martyrs of 
American independence. 

The most casual observer, as he passes through the towns in 
the south-eastern part of Vermont that border the shores of the 
Connecticut, cannot but notice the picturesque beauty which 
distinguishes, in so marked a degree, the location of West- 
minster. The east village, to which particular reference is 
made, stands principally on an elevated plain, nearly a mile in 
extent, divided by a broad and beautiful avenue, along whose' 
sides are built the comfortable and commodious dwellings of 
the inhabitants, back of which to the hills on the one side, and 
the river on the other, extend rich farms and fertile meadows. 
Seldom is there any noise on the " Street" at Westminster. It 
does not resemble Broadway, nor does it find its representa- 
tive on State street at Boston. Tlie schoolboy, it is true, 
shouts at noon-time and even-tide, and the shrill whistle of the 
engine screams through the neighboring valley, a reminder of 
the whoop of earlier days. But these appertain to almost every 
place, and tell of the universahty of steam and the schoolmaster. 

Of those objects in this quiet village M'hich would most 
naturally attract the attention of an admirer of the infant 
ci'^^ization of the past century, none is more prominent than 



1775.] 



THE OLD MEETING-HOIISE. 



211 



the old meeting-house. Tliis building was commenced in 1769, 
and was completed in the year following. The superintendence 
of the work was given to a man named Brown, who dwelt at 
Westmoreland, New Hampshire, and who fulfilled his contract 
to the satisfaction of his employers. The church was formerly 
placed, as was the custom of the times, in the middle of the 
high road, but it was afterwards removed, and now stands on 
the line of the street. For many years the people of the 
village, imited in faith and 
doctrine, were accustomed 
to assemble within its walls, 
for the purpose of worship- 
ping in conformity with the 
usages of the New Eng- 
land Congregationalists,*but 
when, in the lapse of time, 
some of the people had em- 
braced an oppugnant belief, 
vexatious disputes arose as to 
which of the two denomina- 
tions should have possession 
of the building. In the end, 
a new edifice was erected by 
the Congregationalists, and their opponents, after retaining pos- 
session of the original structure for a few years, left it tenantless. 
Thus it remained for years undisturbed, except on town-meeting 
and election-days, and by the occasional visits of the peering 
antiquarian, the summer loiterer, or the leisurely -going traveller. 




The "Westminster Meeting-honae. 



* The first minister settled in "Westminster, is said to have been a man by the 
name of Goodell, and the year 1766 or 1767 is generally regarded as the time of 
his coming. Tradition affirms, that his wife was the daughter of a man dis- 
tinguished in the annals of New Hampshire. In the year 1769 his faithlessness 
to her became known, and this discovery was soon after followed by his secret 
departure from the town. Mrs. Goodell's brothers, on being informed of these 
circumstances, took her and her two children to their home in New Hampshire, 
and made provision for their future support. It is not known who first occupied 
the pulpit of the " old meeting-house." Mice — those lovers and digesters of 
literature of every kind, sacred and profane — ^have destroyed the early records 
of the church, and the memory of the oldest inhabitant is at fault to supply the 
blank thus occasioned. The division in the church at Westminster is, with a few 
modifications, the history of almost all the religious societies in New England 
The causes which led to the formation of Christian unions were identical, with 
a few exceptions, in all, and the same is also true of the causes which in the end 
created dissensions and division. 



212 HISTORY OF EA&TERN VERMONT. [17Y5. 

Although lately used for educational purposes, it still stands 
a model of its kind, a monument of former days. Its archi- 
tecture is simple, and the soundness of its timbers bears wit- 
ness to the excellence of the materials which were used in its 
construction. Within, all is strange to the eye of a modern. 
The minister's desk, placed directly in front of the huge bow- 
window, is overshadowed by the umbrella-like sounding-board, 
from which, in former days, words of wisdom and truth were 
often reverberated. Our ancestors were a frugal people. They 
regarded the air, not as an element in which to waste words, 
but as a medium by which ideas were to be conveyed ; and in 
order that nothing, especially of a sacred character, should be 
lost, they fell upon this contrivance, designed to give to the 
hearer the full benefit of aU that the preacher might choose to 
utter. As one stands beneath this impending projection, a 
stifling sensation will steal over the senses, and a ludicrous dread 
lest its massiveness may descend and crash him as he gazes, is 
not entirely absent from the mind. One might also feel like 
comparing it in situation, with the sword of Damocles. But 
otherwise, the comparison fails, for the hair which holds it is a 
bar of iron, and the structure itself bears a striking resemblance 
to a stemless toadstool. Modern theologians might find in it a 
personification of the cloud which in ancient times overhung 
the mercy-seat, and this, perhaps, is the most orthodox view in 
which it can be regarded. 

Underneath the pulpit is a small apartment, in which the 
powder and lead belonging to the village were usually stored. 
Who can describe the feelings which now and then must have 
shot across the mind of the preacher, or imagine the nature of 
his secret thoughts, as Sunday after Sunday he warned his 
hearers of the dangers of this world and besought them to seek 
for safety in the next, while latent death lay barrelled beneath 
his feet? Immediately in front of and below the desk, are 
arranged the benches where once sat the deacons. Beside 
them, stood long whips, with which they were wont to drive 
from the temple the farmers' dogs which would sometimes in- 
trude during the protracted service. Terrible instruments were 
these long whips to the little boys, and the least wriggle of 
their utmost tip, although caused by the breathing of some 
kind-natured zephyr, was more potent to them than the most 
pointed demmciations winged with fire and sulphur, and im- 
pelled by the breath of " brazen lungs." Above the deacons' 



1Y75.] THE CHom. 213 

Beats, on a couple of nails, rested a pole, at the end of which 
was attached a silken pouch. This was the collection-box, 
which, like the spear of Ithuriel, brought forth from those 
whom it touched, solid, though not always willing confessions, 
to the cause of truth. 

If there were any exercises of the sanctuary, which more 
than others received attention, it was those which were under 
the care of the village choir. Tliere sat the young men clad in 
homespun and the young women gay in ribbons, occupying 
the whole front of the long gallery, and at the announcement 
of the hymn, the confusion into which they would be thrown, 
might have appeared to a stranger to be almost inextricable. 
The loud voice of the choragus proclaiming the page on which 
the tune was to be found in the selection " adapted to Congre- 
gational Worship by Andrew Law, A.B.," the preparatory 
scraping of the fiddle with a " heavenly squeak," or the premo- 
nitory key-note of the flute as it went 

1 " cantering through the minor keys," 

always afforded infinite amusement to the young children, and 
were regarded by the old men as necessary evils, to be endured 
patiently and without complaint. Tlien would succeed a mo- 
ment of silence, to be broken by the discordant harmony of 
ear-piercing falsettos, belching bassos, and airs, by no means as 
gentle as those which float 

" from Araby the blest." 

But the music was inspiriting, if not to the listeners, yet to the 
performers; and when the excited fiddler, who was also the 
leader, became wholly penetrated with the melodies which his 
vocal followers were exhaling, regardless of the injunction of 
the minister to "omit the last stanza in singing," he would, 
with an extra shake of his bow and a resonant. Young America 
" put her through," conclude the hymn as the poet intended it 
should end, winding up with a grand flourish, the intensity of 
which was sure to excite, even in the breasts of the " oldest 
fogies," the most ecstatic fervor. 

For years, every old lady used regularly to bring her foot- 
stove to meeting, and the warmth of her feet was of great ser- 
vice, no doubt, in increasing the warmth of her heart. But 



214 



HISTOKY OF EASTERN VEEMONT. 



[1TV5. 



when a new-fashioned, square-box, iron stove was introduced 
within those sacred precincts, with a labyrinth of pipe, bending 
and crooking in every direction, the effect was fearful. Two or 
three fainted from the heat it occasioned, and shutters sufficient 
would not have been found to convey the expectant swooners to 
more airy places, had not an old deacon gravely informed the 
congregation, that the stove was destitute of both fire and fuel. 

Just beyond the meeting-house lies the old burying-ground, 
crowded with the silent dwellers of the last hundred years. 
These tenants pay no rent for their lodgings, and shall never 
know any reckoning day but the last. Tlie paradises of the 
dead which are found to-day in the suburbs of almost every 
American city, speak well for the taste and refinement of the 
age ; but beautiful as they may be, there is a coldness around 
them of which the marble piles that adorn them are fitly em- 
blematic. More acceptable to a chastened taste, is the village 
graveyard with its truthfulness and simplicity. The humble 
stone, with its simple story simply told, conveys to the contem- 
plative mind a pleasanter impression than the monumeiit with 
its weary length of undeserved panegjT-ic. There is a quaint- 
ness, too, in the old inscriptions, which is more heart-touching 
than the formality and stiffness of the epitaphs of a modern 
diction. Sometimes, too, there is noticed an original or pho- 
netic way of spelling ; and again, when poetry is attempted, the 
noble disdain of metre which is often seen, is sure evidence that 
Pegasus was either lame or was driven without bit or bridle. 

Enter now this old burial-place. At the right of the path, 
but a short distance from the gate, stands an unpretending stone, 
not half as attractive by its appearance as many of its fellows. 
Some there are, who, like Old Mortality, take a certain innocent 
pleasure in endeavoring to preserve these milestones to eternity 
from the decay of*wliich they are commemorative. Such may 



be the incHna- 
tion of the rea- 
der. Stop then 
for a moment 
in this conse- 
crated spot. 
Brush off the 
moss which 
has covered 
with verdure 




The Grave of William French. 



the letters of 
this simple 
slate stone. Put 
aside the long 
gi'ass which is 
waving in rank 
luxuriance at 
its foot, and 
now read its pa* 
triotic record : 



1T75.] CONDITION OF THE COLONIES BEFORE THE KEVOLUTION. 215 

In Memory of WILLIAM FRENCH. 
Son to Mr, Nathaniel French. Who 
Was Shot at Weftminfter March y« 13th, 
1775. by the hands of Cruel Miniftereal tools, 
of Georg y« 3d, in the Corthoufe at a 1 1 a Clock 
at Night in the 22d, year of his Age. 



H 



ERE WILLIAM FRENCH his Body lies. 
For Murder his Blood for Vengance cries. 
King Georg the third his Tory crew 
tha with a bawl his head Shot threw. 
For Liberty and his Countrys Good. 
he Loft his Life his Deareft blood." 

Starting with the indignant language of this epitaph as a text, 
it will not be amiss to explain its meaning, and coUate some of 
the circumstances connected with the tragedy to which it refers. 
A correct estimate of the feelings of many of the inhabitants of 
Cumberland county, may be formed from the conduct of the peo- 
ple of Dummerston in the rescue of Lieut. Spaulding, as related 
in the preceding chapter. The fuel which success on that occasion 
added to the flame which before was not dimly burning, did not 
fail to increase a desire to attempt other and more important deeds. 

By the old French "War, and by the depreciation of bills of 
credit consequent thereupon, many, in all the colonies, had 
become reduced in their circumstances. The sufferers were 
mostly those who had been officers or soldiers in the colonial 
service, and who now returning from their toils and struggles, 
found themselves weakened by suffering, their families starving 
around them, parliamentary acts of unusual severity enforced 
in the cities, creditors clamoring for their dues, and their own 
hands filled with paper-money worthless as rags, to pay them 
with. " In Boston," remarks an historian of those times, " the 
presence of the royal forces kept the people from acts of vio- 
lence, but in the country they were under no such restraint. 
The courts of justice expired one after another, or were unable 
to proceed on business. The Inhabitants were exasperated 
against the Soldiers, and they against the Lihabitants ; the 
former looked on the latter as the instruments of tyranny, and 
the latter on the former as seditious rioters."* In Cumberland 

* MS. History of the American Revelation, among the papei-s of Governor 
William Livingston, of New Jersey, chap. iv. p. 75, in N. Y. Hist. Soc. Lib. 



216 HISTORY OF EASTERN VERMONT. [1775. 

county, the higher civil officers had received their appoiDtments 
directly from the Legislature of !New York, and still remained, 
as they had ever been, loyal to the Eang. For these reasons, 
and because the Colonial Assembly had refused to adopt the 
" non-importation, non-consumption, and non-exportation" asso- 
ciation, there were many in the county who mingled with their 
enmity to Great Britain a dislike to the jurisdiction of New 
York and to the officers of her choice. The unfriendliness of 
these feelings was in no wise diminished by the disputes in 
regard to land titles, which since the year 1764 had at times 
disturbed the equanimity of the people. 

As may have been already inferred from the reforms which 
had been proposed, the maladministration of the courts of 
justice in the county had become almost insufferable. So un- 
happy was the feeling between the people on the one hand, and 
the judges, sheriff, and other officers of the court, and their 
adherents, on the other, that the former were generally stigma- 
tized as " the Mob," while the latter assumed the title of " the 
Court Party." But the time had now come when the Whigs, as 
the mob preferred to be called, must assert their rights as free- 
men, or submit to the oppressive sway of the Tories, as they 
chose to call their opponents. Already had the Tories begun 
to plan in secret measures by which " to bring the lower sort 
of the people into a state of bondage and slavery." "They 
saw," says a narrator of the events of this period, " that there 
was no cash stirring, and they took that opportunity to collect 
debts, knowing that men had no other way to pay them than 
by having their estates taken by execution and sold at vendue." 
By an abuse of law whose object was to afford just protection, 
they were endeavoring to obtain an unlicensed sway in the 
management of the affairs of the county. Vexatious suits 
ensued, and many were imprisoned, contrary to the laws of the 
province and the statutes of the crown. 

Of the acts and resolves of Congress the office-holders in the 
county would on some occasions express approbation, and ad- 
vise obedience to them until the General Assembly should 
otherwise order. Anon, they would declare that it was well 
enough for " the Bay Province " to pursue such measures, but 
" childish" for the people of Cumberland county " to pay any 
regard to them." A few going a step further, would assert 
that the King "had a just right to make the revenue acts, for 
he had a supreme power ;" and would denounce those who said 



1775.] THE FEELING IN CUIVIBERLAND COUNIT. 217 

differently, as " guilty of high treason." The " good people " 
were of opinion that men who held such sentiments " were not 
suitable to rule over them." 

As has been previously said, the General Assembly of the 
province had rejected the Association of the Continental Con- 
gress. On the other hand, the inhabitants of the county had, 
in open convention, adopted it. By its fourteenth article, they 
had resolved to have " no trade, commerce, dealings, or inter- 
course whatsoever, with any colony or province in North Ame- 
rica " which should not accept of, or which should in the future 
violate the association, and had promised to hold such as should 
act thus, " as unworthy of the rights of freemen, and as inimical 
to the liberties of their country." For these reasons they j udged it 
" dangerous to trust their hves and fortunes in the hands of such 
enemies to American liberty," or to allow men who would betray 
them to rule in their courts of justice. Thus was their deter- 
mination taken. In duty to God, to themselves, and to their pos- 
terity, they resolved " to resist and to oppose all authority that 
would not accede to the resolves of the Continental Congress."^ 

Such was the state of feeling in Cumberland county immedi- 
ately previous to the commencement of the Revolution. De- 
termined to evince by action the principles which they had 
openly avowed, the Whigs resolved that the administration of 
justice should no longer remain in the hands of the Tories, and 
the 14th of March, 1775, the day on which the county court 
was to convene at Westminster, was fixed upon as the time for 
cariying into execution their plans. Anxious to free them- 
selves from the charges of haste and rashness, and to proceed 
as peaceably as possible, they deemed it prudent to request the 
judges to stay at home. For this purpose, on the 10th of 
March, " about forty good, true men" from Rockingham, visit- 
ed Col. Thomas Chandler, the chief judge, at his residence 
in Chester. To their 
expostulations he re- 
plied that " he be- 
lieved it would be for 

the good of the county ^C^ t^Z^ ^ 

not to have any court, / 

as things were," but added, that there was one case of murder 
to be tried, which should be the only business transacted, if 

• Slade's Vt State Papers, 56. Journals Am. Cong, i 25. 




{^A^p^yu^ 



218 HISTORY OF EASTERN VERMONT. [1775. 

such was the wish of the people. One of the company then 
remarked that the sheriff would oppose the people with an 
armed force, and that there would be bloodshed. The colonel 
declared, "he would give his word and honor," tliat no arms 
shoidd be brought against the people, and said that he should 
be at "Westminster on the day previous to the opening of the 
court. His visitors informed him that they would wait on him 
at that time, " if it was his will." He assured them that their 
presence would be " very agreeable," retui-ned them " hearty 
thanks" for their civility, and parted with them in a friendly 
manner. JSToah Sabin, one of the associate judges, firm in the 
performance of what he deemed his duty, was very desirous 
that the court should sit as usual. Many of the petty officers 
of the court were of the same opinion. Samuel Wells, the 
other associate, was, as representative, in attendance on the 
General Assembly at New York. Among the leaders of the 
Whigs there was much debate as to the course they should 
pursue in carrying their plans into execution. Depending on 
the statements of Judge Chandler, they at first decided to let 
the court assemble, and then to lay before it their reasons for 
not wishing it to sit. But having heard that the Tories were 
resolved to take possession of the court-house with armed guards, 
they changed their plans, and determined to precede them in 
occupation, in order that they might make known their griev- 
ances before the session should be regularly opened. 

The intentions of the Whigs soon became known, especially in 
the southern towns of the county. On Sunday, March ] 2th, the 
day previous to the night of the " massacre," William Paterson, 
the High Sheriff, in conformity with the views of Judge Sabin 

and others, went to Brat- 

/yY ryr? /^ "7"* — " ^t-vf tleborough, and desired 

C4/ . ^ ^i^^^-t^^^^^ the people to accompany 

him on the following day 
to Westminster, that he might have their assistance in preserv- 
mg the peace, and in suppressing any tumult that might arise. 
To his proposal a number assented, and on the 13th, about 
twenty-five of the inhabitants unarmed, except with clubs, 
attended him to Westminster. On the' road they were joined 
by such as were friendly to them, and the destructive power of 
the company was increased by the addition of fourteen muskets. 
On the afternoon of the same day, a party of Whigs from 
Rockingham arrived at Westminster. On theu' way down to 



1775.] THE COUKT-HOTJSE OCCUPIED BY THE WHIGS. 219 

the Court-house they halted at the house of Capt. Azariah 
Wright. But the log dwelling in which the captain resided 
was too small to accommodate them. They therefore repaired 
to the log school-house, which was situated on the opposite side 
of the " street," and there entered into a consultation as to the 
best manner in which they could prevent the court from sitting. 
Having finished their conference, they armed themselves with 
sticks, obtained from Capt. Wright's wood-pile, and continued 
"their march. On their way they were joined by a number of 
the inhabitants of Westminster, armed like themselves with 
cudgels, and having gained the point of destination, the whole 
party numbering nearly a hundred entered the Court-house 
between the hours of four and five, with a determination to 
stay there until the next morning, that they might present 
their grievances to the judges at an early hour, and endeavor 
to dissuade them from holding the court. Soon after this, and 
a little before sunset. Sheriff Paterson marched up to the Court- 
house at the head of a body of sixty or seventy men, some of 
whom carried "guns, swords, or pistols," and others clubs or 
sticks. 

When the sheriff had approached within about five yards of 
the door, he commanded the "rioters" to disf)erse. To this 
order the Whigs made no reply. Finding that he should not 
be able to gain admittance to the building by ordinary means, 
as the Whigs had placed a strong guard at all the entrances, he 
caused the " Bang's proclamation" to be read, and ordered the 
" mob" to depart within fifteen minutes, threatening, in case of 
refusal, to " blow a lane" through them, wide enough to afford 
an easy exit for all whom the bullets might spare. Tlie Whigs, 
in reply, made known their firm determination to remain where 
they were, but at the same time informed the sheriff' that he 
and his men might enter without their arms, but on no other 
condition. At this juncture, one of the Whigs advancing a 
little from the doorway, turned to the sheriff 's party and asked 
them " if they were come for war ? " adding, that he and his 
friends had " come for peace," and should be glad to hold a 
parley with them. Upon this, Samuel Gale, the Clerk of the 
Court, drew a pistol, and holding it up, exclaimed, " damn the 
parley with such damned rascals as you are. I wiU hold n(» 
parley with such damned rascals but by this," referring to the 
pistol. Both parties being by this time much exasperated, a 
wordy rencounter ensued, in whicli the clerk and the sheriff 



220 HISTORY OF EASTERN VERMONT. [17Y5. 

found their equal in tlie tongue of Charles Davenport, a skilful 
carpenter from the patriotic little village of Dummerston ; for 
when the Tories informed the " rioters" that they " should be 
in hell hefore mm^ning^''^ the ready cai-penter repHed, that if the 
sheriff should ofier to take possession of the Court-house, the 
Whigs " would send him and aU his men" to the same place 
^'' in fifteen minutes.''^ The Tories now drew off a short dis- 
tance, and seemed to be engaged in consultation. Regarding 
this as a favorable sign, the Whigs deputized three of their 
men to treat with them. But they soon returned, wiser only 
in being assured that they were " damned rascals." 

About seven o'clock in the evening. Judge Chandler came 
into the Court-house, and was immediately asked whether he 
and his associate, Sabin, would consult with a committee of the 
Whigs as to the expediency of convening the court on the 
morrow. To this inquiry Chandler replied, that the judges 
could not enter into a discussion as to " whether his Majesty's 
business should be done or not, but that if they thouglit them- 
selves aggrieved, and would apply to them in a proper way, 
they would give them redress if it was in their power." A 
conversation then ensued between Chandler and Azariah Wright 
of Westminster, who for several years had been the captain of 
the militia of that town, and was now the leader of the Whigs. 
To the statement that arms had been brought to the Court-house 
by the Tories, when he had given his word that such an act 
should not be tolerated. Chandler answered, by acknowledging 
the truth of what was said, but declared that this proceeding 
had been without his consent. To prevent an outbreak, he 
gave his pledge that the Tories should be deprived of their 
weapons, that the Whigs should " enjoy the house" without 
molestation until morning, and that the court would then 
assemble and hear what those who were aggrieved might wish 
to offer. Having made these promises, he departed. The 
Whigs thereupon left the house, and chose a committee who 
di-ew up a schedule of the subjects in regard to which they 
should demand redress from the court. Tlie report was then 
read to the company, and was adopted without any dissent. 
After this Capt. Wright and his associates went, some to their 
homes, some to the neighboring houses, leaving, however, a 
guard in the Court-house to give notice in case an attack 
should be made in the night. The sheriff, that he might 
increase liis own forces as much as possible, sent word to all 



1775.] 



NORTON S TAVERN. 



221 



having as- 



the Tories in the neighborhood to join him without delay, and 
that he might lessen the power of his opponents, arrested such 
of the "Whigs as he could take without endangering himself. 

Meantime the majority of the sheriff's posse 
sembled at Norton's tavern* — the Royal inn of the village — 
were holding a con- 
sultation as to the - ^^"^ 
course they should pur- 
sue, and over their 
punch-bowls, filled in 
honor of George III., 
were deciding the fate 
of the " rebels." Loud- 
ly they talked of the 
spirit of anarchy which, 
originating in the dis- 
turbances ofthe stamp- 
ed paper act of 1765, 
was now culminating in general dissatisfaction. Heated by 
their angry discussions, and inflamed by their deep potations, 
they were more than ready to perform the deeds of which the 
following hours were witness. Nor was their leader dissatisfied 
to find men so willing to second his murderous intentions. 

Ceasing from their revelry, they, at the command of the 
sheriff, left the tavern in small parties, and proceeded stealthily 
up the hill on whose brow stood the Court-house. Unobserved 
as they supposed in their approach, they reached the building, 
and at the hour before midnight presented themselves at its 
doors, armed, and prepared for action. But the waning moon, 
tipping their bayonets with her light as they marched, had 




John Norton's Tavern. 



* This tavern, which is still standing, was probably built as early as the year 
1770, and was kept for many years by its owner, John Norton, who for that 
period was a man of wealth and influence. He belonged to an Irish-Scotch 
family, wlio in Ireland were accustomed to write the name MacNaughton. When 
John removed to Westminster, he omitted the prefix, and changed the orthogra- 
phy of the surname. After this alteration, nothing would more offend him than 
to be addressed by his former name. He secretly favored the cause of Great 
Britain during the Revolution, and was generally regarded as a Tory. Being in 
conversation with Ethan Allen concerning Universalism at the time of the intro- 
duction of that doctrine into Vermont, Norton remarked concerning it, "that 
religion will suit you, will it not, General Allen ? " " No, no," replied Allen, in 
hifl most contemptuous tone, " for there must be a hell in the other world for the 
punishment of Tories." 



222 HISTOEY OF EASTEKN VERMONT. [iTTo. 

warned the sentry of their coming, and they now found guards 
stationed at the doors, ready to dispute with them the passages 
which they had hoped to find imdefended. Advancing towards 
the door, the sherifi" demanded entrance in his Majesty's name. 
His words were without etfect. He then informed the " rioters" 
that he should enter, quietly if he could, or if necessary, by 
force, and commanding the posse to follow him, proceeded to 
do as he had said he would. Having gained the uppermost of 
the three steps, which from the outside afforded approach to 
the main door, he was pushed back by the guards stationed to 
defend it. Recovering, he renewed the attempt, but with no 
better success than before. To the second repulse were added 
blows from the clubs of the " rioters," which, though compara- 
tively harmless, served to exasperate him on whom they fell. 
The sheriff now ordered his men to fire, and three guns were 
discharged, yet with so high an aim that the balls passed above 
the heads of those in the house, and lodged in the upper parts 
of the rooms. At the second fire the aim was lower, and the 
sentries were driven from their posts. The assailants having in 
this manner effected an entrance, pushed forward with " guns, 
swords, and clubs," and in the quaint words of an eye-witness, 
" did most cruelly mammoc" such as opposed them. Crowded 
in the narrow passages of the lower story of the building, on 
the stairs, and among the benches of the court-room, the hostile 
parties amid total darkness sustained for a time a hand-to-hand 
conflict. But the strife was of short duration. The shouts of 
the sheriff' and his men soon announced that their deadly 
weapons and superior numbers had given them the victory. 

Some of the Whigs escaped by a side passage, ten were 
wounded, two of them mortally, and seven were made prisoners. 
Of the sheriff' 's posse, two received slight flesh wounds. In 
the south-west corner of the Court-house, on the lower floor, 
was a bar-room, arranged most conveniently for those among 
the "judges, jury-men, and pleaders," who were inclined to be 
bibacious. Tlie Tories, who immediately before the assault had 
aroused their courage by copious draughts, not only at the 
Royal tavern but at this place also, now renewed their drink- 
ing-bout, being served by the jailor. Pollard Whipple, who 
also acted in the capacity of bar-tender, and a brawling frolic 
was kept up until morning. Meanwhile the wounded and 
suffering prisoners, crowded in two narrow, dungeon-like rooms, 
destitute of the necessities which their situation demanded, 



17T5.] THE STATEifENT OF FACTS. 223 

and deprived of light and heat, were compelled during the long 
and dark watches of the night, to bear the insane taunts of 
the victors, and listen to their vile abuse. 

On the morning of the 14th, all was tumult and confusion. 
The judges, however, opened the court at the appointed hour, 
but instead of proceeding with business, spent the little time 
they were together in preparing " a true state of the Facts 
Exactly as they happened," in the " very melancholy and un- 
happy affair" of the evening previous. This account, which 
was in the main fair and impartial, was dated " in open court," 
and was signed by Tliomas Chandler and Noah Sabin, judges ; 
Stephen Greenleaf and Benjamin Butterfield, assistant justices; 
Bildad Andross, justice of the peace ; and Samuel Gale, clerk 
of the court. It closed with this appeal : — " We humbly sub- 
mit to every Reasonable Lihabitant, whether his Majesty's 
courts of justice, the Grand and only security For the life, 
liberty, and property of the publick, should Be trampled on and 
Destroyed, whereby said Persons and properties of individuals 
must at all times be exposed to the Rage of a Riotous and 
Tumultuous assembly, or whether it Does not Behove Every of 
his Majesty's Liege subjects Li the said county, to assemble 
themselves forthwith for the Protection of the Laws, and 
maintenance of Justice." Public feeling being much excited, 
the judges did not deem it prudent to call the docket, and 
adjourned the court until three o'clock in the afternoon. This 
adjournment was on the same day continued until the June 
term. But the court had seen its last meeting. Tlie second 
Tuesday in June came, the judges have never held the session 
appointed for that occasion. 

Meanwhile, the Whigs who had been driven from the Court- 
house by the sheriff's party had not been idle. Messengers 
were despatched in eveiy direction to carry the news and pro- 
cure assistance. Dr. Jones, zealous in the cause of liberty, 
rode hatless to Dummerston, and others performed longer 
journeys with as little preparation. As in olden times, when 
the Cross of Fire — the emblem of impending war — was borne 
from village to village, so now, at the approach of the courier — 

" In arms the huts and hamlets rise ; 
From winding glen, from upland brown 
They poured each hardy tenant down. 

The fisherman forsook the strand, 



224 HISTORY OF EASTERN VERMONT. [1775. 

The swarthy smith took dirk and brand ; 
With changed cheer, the mower blithe 
Left in the half-cut swathe his scythe ; 
The herds without a keeper strayed. 
The plough was in mid-furrow stayed ; 
Prompt at the signal of alarms. 
Each son of freedom rushed to arms." 

By noon, more than four hundred persons had assembled iii 
Westminster, of whom about one-half were from New Hamp- 
shire. One company from Walpole was commanded by 
Capt., afterwards Col. Benjamin Bellows, of revolutionary 
distinction. Capt. Stephen Sargeant brought his company 
from Kockingham. Guilford furnished an organized band, and 
the Westminster militia were in full force under their old 
leader, Azariah Wright. Such a body as this, the adherents 
of the court were not prepared to encounter. Those of the 
Whigs who had been imprisoned the night previous, were soon 
liberated, and before evening the judges with their assistants, 
and such of their retainers as could be taken, were placed in 
arrest. Tlie court-room in which they were confined, and 
which had been the scene of a part of the struggle, presented a 
spectacle which told but too plainly of the rage which had 
characterized the actions of the combatants. The benches 
were broken, and the braces, timbers, and studs of the un- 
finished room, were cut and battered by the bullets which had 
been fired by the Tories, after they had obtained entrance into 
the building. Blood was to be seen in the passages, and the 
stairs were stained with stifiened gore. Visitors curious to see 
how judges and justices appeared in prison, were admitted, four 
or five at a time. As night set in, the darkness seemed to render 
the Whigs furious. Many who had come from Dummerston 
and Putney " were instant with loud voices," requiring that the 
judges should be brought out before them, and compelled to 
" make acknowledgements to their satisfaction ;" that the Court- 
house should be pulled down or burned, and that all who had 
been engaged in " perpetrating the horrid massacre" should be 
put in irons. Tliey even went so far in their exasperation, as to 
vow they would fire upon every person they should find in the 
Court-house, who had participated in the scenes of the pre- 
ceding night. Tliese inhuman suggestions, although seconded 
by the leader of the Guilford militia, and winked at by Dr. 
Jones, met with a strong opposition from Capt. Bellows. 
Firm in the cause of the people, he did not forget what was 



1776.] EXCITEMENT OF THE YEOMANRY. 225 

due to justice. Inflexible in his purpose, lie appeared as the 
guardian of rights, and while he desired the punishment of the 
prisoners in a legal manner, he took especial care that they 
should suffer no violence at the hands of infuriated men. 

The mornino; of the 15th brouo-lit with it a renewal of the 
scenes and feelings of the day before. In one part of the town, 
Leonard Spaulding, the Dummerston farmer, who a few months 
previous had been committed " to the Common goal for high 
treason against the British tyrant^ George the Third," was busily 
engaged in examining all persons who he suspected had come 
to reinforce the sheriff's party. In another quarter, the beating 
of a drum heralded the approach of Solomon Harvey, " Practi- 
tioner of Physic," at the head of a body of three hundred men. 
In the centre walked four of the sheriff 's posse, who had been 
intercepted on their way home. The whole party halted in 
front of the Court-house. An investigation was had, which 
ended more favorably than the poor prisoners had expected. 
The stern old doctor disarmed them, and dismissed them with a 
pass signed with his own name, to which was prefixed the title 
of Colonel. 

Loud and deep were the curses which the yeomen, as they 
gathered from hill and valley, poured forth, when they had 
been correctly informed of what had occurred. Some were 
anxious to riddle the Court-house with ball, others begged that 
the sheriff might be placed in their power, so that they might 
punish him as it should please them. One man, with a de- 
moniacal grin, declared that " his flesh crawled to be toma- 
hawking" the prisoners, and frequent was the wish that mur- 
derers might be treated as such. To the presence of Capt. 
Bellows the oflicers of the court owed the security which they 
enjoyed, amid this maelstrom of human passion. A legal 
inquest having been held on the body of William French, and 
the guilt of his death having been charged upon the sheriff 
and some of his party, he and those who were already im- 
prisoned with him were put in close confinement. On the 
evening of the same day, Robert Cockran, who had rendered 
himself conspicuous in being engaged with Ethan Allen in 
persecuting his Bennington neighbors who had settled under 
charters from New York, reached Westminster, having left his 
residence on the other side of the mountains, as soon as he had 
received information of the movements of the hostile parties. 
Armed with sword and pistols, he entered the village at the 



226 mSTOET OF eastern VERMONT. [1775. 

head of forty or more of the G-reen Mountain Boys. A year 
before, Governor Tryon had offered a reward of fifty pounds 
for his arrest. As he advanced, he tauntingly asked of those 
who he supposed were favorere of the court party, why they 
did not take him, and obtain the compensation. In loud tones 
he declared his intentions of seizing certain men who had aided 
the sheriff, provided " they continued upon earth," and in an 
incorrect citation from Scripture, expressed a determination of 
ascertaining "who was for the Lord, and who was for Balaam." 

Mrs. Gale having obtained an opportunity of speaking with 
her husband, was recpiested by him to inform her mother of 
his imprisonment, and transmit the same information to her 
father, Col. Wells, and to Crean Brush, who, as representa- 
tives, were tlien in attendance on the General Assembly in the 
city of l!^ew York. This message having been delivered to 
Mrs. "Wells at Brattleborough, she immediately made arrange- 
ments with Oliver Church of that town, and Joseph Hancock, 
of Hopkinton, Massachusetts, to act as couriers, and a little 
after midnight they started on their j ourney.* 

By the morning of Thursday, the 16th, " five hundred good 
martial soldiers, well equipped for war," had assembled in 
Westminster, besides others who had come as private citizens. 
After consultation, it was decided that some permanent dis- 
position ought to be made of the prisoners then in jail. In order 
to satisfy the people who had collected, a large committee was 
chosen to represent them, which committee was composed both of 
residents and non-residents of the county. The accused were 
then examined, and a decree w^as passed that those who had 
been the leaders in the " massacre" should be confined in the 
jail at Northampton, Massachusetts, until "they could have a 
fair trial." Those who were less guilty, were required to give 
bonds with security to John Hazeltine, to appear at the next 
court of Oyer and Terminer to be holden in the county, and on 
these conditions were released. Meantime the town became so 
much crowded with visitors, that there were not houses or 
barns sufficient to shelter them, and food enough to support 
them was with difficulty obtained. It was not until the follow- 



* They arrived at New York on the following Monday, having been one hun- 
dred and ten hours in travelling a distance which is now accomplished in an 
eleventh part of that time. John Griffin, Arad Hunt, and Malachi Chui-ch, were 
afterwards sent express to the same place with confirmatory information. 



1T75.] SKETCHES OF THE LIBERTT-MEN". 227 

ing Sunday that preparations could be completed for convey- 
ing the prisoners down the river. In this interval they were 
visited by hundreds of those whom they had formerly oppressed, 
and who, now that their persecutors were bound, were ready to 
return uj)on them the bitterness which they had so lavishly 
expended Avhen in power. 

Regarding the Whigs or Liberty-men w^ho were killed and 
wounded in the affray, the following facts have been collected. 
William French,* son of ISTathaniel French, resided in Brattle- 
borough, but so near the southern line of Dummerston, that he 
was sometimes claimed as an inhabitant of that town.f In the 

* Many of the facts in this biographical notice were obtained from the Honor- 
able Theophilus Crawford, of Putney, who was born at Union, Connecticut, 
April 25th, 1*764. In the year 1769, his father, James Crawford, moved with his 
family to Westminster. At that time no large boats ran above Hadley Falls, and 
the journey thence up the river, was performed in a log boat or canoe. ' On the 
evening of May 25th, the adventurers made Fort Dummer, in the midst of a 
heavy rain-storm. This old defence was then inhabited by the French family. 
As soon as the arrival of the strangers had been made known, William French 
hurried down to the boat, took the little Theophilus in his arms, and carried him 
to the fort. Here the young traveller spent the first night of his Vermont life. 
On reaching Westminster, James Crawford took up his abode in a log building 
which formerly stood on the site of the residence of John May, Esq., lately 
deceased. At the time of the " massacre," he lived in the west part of the town. 
He was present at the burial of French, having previously assisted in laying out 
the corpse. On the morning after the affray, Luke Kuowlton of New Fane, who 
was then a favorer of the court faction, set out with eleven others on his return 
home. Passing along a cross-road leading fromWestminster to New Fane, the party 
stopped at the house of James Crawford, and asked for something to drink. Mrs. 
Crawford, whose sentiments were the same as her husband's, replied, " we have 
no drink for murderers," and refused compliance with the request. Knowlton, who 
was a polite man, bowed as this answer was given, and went his way, as did his 
companions theirs, thirsting. Theophilus Crawford was a member of the Council 
from 1816-1819 ; held the office of sheriff of Windham county in the year 1819 ; 
received the appointment of delegate to the State Constitutional Convention in 
1822; and represented the town of Putney in the Assembly at the session of 
1823. His death occurred in January, 1856. 

f "When, in the year 1*784, Theo.philu8 Crawford was on his way to Guilford to 
assist in quelling the disturbances which had arisen from the insubordination of 
the " Yorkers," he stopped at the French house, then " the most north-eastern 
dwelling in Brattleborough." Mrs. French, who was still living, and in whose 
mind the remembrance of the loss of her son was still fresh, entreated him not to 
expose himself to the rage of the enemy, and warned him to shun the dangers 
which threatened him from the infuriated " Guilfordites." Her fears, though 
more imaginary in this instance than real, afford a proof of the terror with which 
she must at all times have regarded the scenes of that March night — a night so 
fatal to her highest and best expectations. The site of the French house forms a 
portion of the farm which is now familiarly known as" the Old Wellington Place," 
and is on the right hand side of what was, a few years ago, the stage road. 



228 msTOET OF eastern veemont. [1TT5. 

census of 1771, liis father's name appears in the lists of botli 
towns. The people of Brattleborough who lived in his imme- 
diate neighborhood, Avere mainly favorere of the com*t party, 
and "some of them were in the sherifi^'sband, that officer being 
himself an inhabitant of that town." As for young French, 
his principles were those w^hich he had received from his 
father.* Finding sympath}^ in the opinions of the liberty- 
loving people of Dummerston, he generally acted with them 
on questions relating to the public weal. He held no official 
station, but appears to have been much esteemed for his bravery 
and patriotism, " and the treatment he afterwards received 
from his opponents, sufficiently attests how much they feared 
his influence." At the time of his death he was not twenty- 
two years of age. In person, he was of a medium size and 
stature, and in the words of one who knew him, was esteemed 
as " a clever, steady, honest, working farmer." He had come 
to Westminster with a number of others, his companions, in 
order to obtain and secure w^hat he had before supposed he had 
a right to demand, namely, the privilege of being governed by 
sound laws and sound principles, and of restraining the advance 
of oppression. Being, undoubtedly, more ardent than others in 
expressing and enforcing his sentiments, he was among the first 
to attract attention, and in the issue was most mercilessly 
butchered. He was shot with five bullets in as many different 
places. One of the balls lodged in the calf of the leg, and another 
in the thigh. A third striking him in the mouth, broke out several 
of his teeth. He received the fourth in his forehead, and that 
which caused his death, entered the brain just behind the ear. 
In this horrible condition, still alive, he was dragged like a dog- 
to the jail-room, and thrust in among the well and wounded. 
So closely was the prison crowded, that those who would have 
gladly bound up his wounds and spoken peace and consolation 
to the soul that still lingered in that bleeding and mangled 
body, were unable to act their wishes. Through the prison 
doors, his enemies vented their curses upon him, telling him 
that they wished " there were forty more" in his condition, and 
shouting to his companions " that they should all be in hell 
before the next night." "When execration failed, they mocked 
him as he gasped for the failing breath, and made " sport for 

* At the Westminster Convention, held February Yth, 1775, Nathaniel French 
\ras chosen to represent Brattleborough in the Standing Committee of Cor- 
respondence. 



1775.] SKETCHES OF THE LIBERTY-MEN. 229 

themselves at liis dying motions." Between the hours of three 
and four on the next morning, Dr. William Hill, of Westmin- 
ster, was allowed to visit him ; but assistance had come too late. 
Death had released the martyr from his sufferings.* On the 
day after the affray the name of French was on every \ip, and 
hundreds visited his corpse, anxious to 

" dip their napkins in his sacred blood ; 



Yea, beg a hair of him for memory, 

* Calvin Webb, of Rockingham, whose retentive memory supplied several facts 
■which have been, and others Avhich will be recorded, and who was nearly eight- 
een years old when the events above narrated occurred, has said: " At the time 
of the Court-house affray, I lived in Westminster, but was not present at the scene. 
Heard of it the next day from a little man, familiarly known as Hussian Walker, 
a mighty flax-dresser, who was in the engagement. Soon after this I started off 
in company with several other youngsters, whose names I have forgotten. Many 
people were going in the same direction. It was about the middle of the day 
when I reached the Court-house, and soon after my arrival, I saw the body of 
French, who had been shot the night before. A sentry was stationed to guard 
the corpse, as it lay on the jail-room floor. The clothes were still upon it, as in 
life. The wounds seemed to be mostly about the head ; the mouth was bloody, 
and the lips were swollen and blubbered." 

Joshua Webb, the father of Calvin, was for several years a merchant or trader, 
at Union, Connecticut, but failing in business removed to Ashford, an adjoining 
town, where he continued a few years, being engaged in paying his debts and 
settling his affairs. In October, 1765, he came to Westminster, and was employed 
by the town to teach school the succeeding winter. The house which he occupied 
was " a large, open building," and the school was probably the first kept in West- 
minster. In the spring of 1766, having sent for his wife and children, yoimg 
Calvin among the number, he with them took up his abode in Rockingham, 
where he resided a year. Displeased with the locality he went back to West- 
minster, and hired of Col. Benjamin Bellows a tract of land in the north part 
of the town, which had been previously improved by one Farwell, and is now 
known as " the Church farm." There he lived ten years. At the expiration 
of this period, he bought a farm and built him a house at Rockingham, where he 
lived until his death, which occurred in 1808. He was very active in the forma- 
tion of the new state of Vermont, and was a member of the Dorset Conventions 
of September 25th, 1776, and January 15th, 1777. On the latter of these occa- 
sions, the district, of Vermont was declared free and independent. lie afterwards 
represented the people of Rockingham in the state Assembly, during the years 
1778 and 1783, and was the first clerk of that town. 

His son Calvin was born at Union, July 31st, 1757, and having removed with 
his father to the " New Hampshire Grants," became a citizen of Rockingham at 
the time of his father's removal to that town. Here, he passed the remainder of 
his life, respected by all who knew him. His death occurred in the year 1854. 
The assistance obtained from him and acknowledged in this note, was communi- 
cated in the winter of 1852. Although the narrator was then in his ninety-fifth 
year, yet his mental faculties appeared unimpaired, and the vividness with which 
he would describe the scenes of his youth, bore evidence to the strength of the 
impressions which the mind receives in its early freshness. 



230 HISTORY OF EASTERN VERMONT. [1775. 

And, dying, mention it within their wills, 
Bequeathing it, as a rich legacy," 
Unto their issue." 

Although the courts had been stopped, yet the spmt of law 
had not fled from the county. A coroner's jury was assembled 
to inquire into the cause of the death of French, and the pro- 
ceedings on that occasion were conducted in the most solemn 
and deliberate manner. The original report of the investiga- 
tion is still preserved, and is in these words : — 

" JSTew York 

Cumberland County. An Inquision* In- 

dented & Taken at "Westminster the fifteenth Day of March 
one Thousand Seven Hundred and Seventy five before me 
Tim° Olcott Gent one of the Corroners of the County afore 
Said upon the Veiw of the Body of William French then and 
there Lying Dead upon the oaths of Tho* Amsden John Avorll 
Joseph Pierce Natha^' Robertson Edward lioton Michal Law 
George Earll Daniel Jewet Zachriah Gilson Ezra Robenson 
Nathaniel Davis Kathaniel DoubleDee John Wise Silas 
Burk Eliliue Newel Alex^ Pammerly Joseph Fuller Good and 
Lawfull men of the County afore Said who being Sworn to En- 
quire on the part of our Said Lord the King when where how 
and after what manner the Said W™ French Came to his 
Death Do Sa,y upon their oaths that on the thirteenth Day of 
March Instant William Paterson Esqr Mark Langdon Cristo- 
plier Orsgood Benjamin Gorton Samuel Night and others un- 
known to them assisting with force and arms made an assalt 
on the Body of the Said W™ French and Shot him Tlirough 
the Head with a Bullet of which wound he Died and Not 
Otherways in witness where of the Coroner as well as the 
Juryors have to this Liquision put their hands and Seals att the 
place afore Said." 

On the same day, he was buried with militaiy honors, his 
funeral being attended by all the militia of the sm-rounding 
country, who paid their final adieu to the ennobled dead in the 
salute which they fired above his grave. The smoke rolled oif 
from the freshly turned earth, and, as the thunder of the mus- 
ketry echoed over the beautiful plains of Westminster and 
reverberating among the distant hills, finally died away into 
silence ; those determined men who had gathered at the sepul- 

* Inquisition was intended, same as inquest. 



1YT5.] SKETCHES OF TEE LIBERTY-MEN. 231 

ture of the first victim to American Liberty and the principles of 
freedom, vowed to avenge the wrongs of their oppressed comitry, 
and kindled in imagination the torch of war, Avhich so soon 
after blazed like a beacon-light at Lexington and Bunker 

mil. 

Daniel Honghton, who was mortally wounded during the 
" massacre," came originally from Petersham, Massachusetts, 
and previous to his death was a resident of Dummerston. The 
idea was general, for a time, that he would recover from his 
injuries, and it is for this reason that his name is not oftener 
found in connection with that of French, But in the records of 
Dummerston, the " murthering of WilUam French and Daniel 
Houghton " is spoken of as an article of history, which was 
then received without doubt or disagreement, and in the account 
of a meeting held in that town on the 6th of April, less than a 
month after the event, is a memorandum of a committee who 
were appointed to "go to Westminster there to meet other 
committees, to consult on the best methods for dealing with the 
inhuman and unprovoked murtherers of William French and 
Daniel Houghton." Houghton, who was wounded in the body, 
survived only nine days.* He was buried in the old grave- 
yard at Westminster, not far from the last resting-place of 
French. For many years there was a stone, shai^eless and 
unhewn, which marked the spot where he lay ; but even this 
slight memorial has at length disappeared from its place, and 
no one can now mark with accuracy the locality of his grave. 

Jonathan Knight, of Dummerston, received a charge in the 
right shoulder, and for more than thirty years carried one of the 
buck-shot in his body. One White, of Rockingham, was severely 
wounded in the knee by a ball, and was in consequence for a long 
time incapacitated for labor.f Philip SafFord, a lieutenant of 
the Kockingham militia, was in the Court-house at the time the 
attack was made. Most of the Whigs who were in his situa- 
tion fled by a side entrance after a short conflict with their 

* Houghton died at Westminster in a house situated a little northwest of the 
Court-house, and but a short distance from it. It was then occupied by Eleazer 
Harlow. Most of those who were wounded were taken to the house of Azariah 
Wright, and were treated witli the most careful consideration by the patriotic 
captain. 

f After remaining three months at Capt. Wright's house, he was taken to the 
river on a litter, and was conveyed by water to some place where he could 
obtain the services of a more skilful physician than was to be had at Westmin- 
Bte' 



232 HISTORY OF EASTERN VERMONT. [1775. 

Opponents. But lie, determined to depart by a more honorable 
passage, sallied out at the main door, bludgeon in hand, knocked 
down eight or ten who endeavored to arrest him, and received 
in return several severe cuts on the head from a sabre wielded 
by Sheriff Patterson. 

From a deposition made before the Conncil of New York, 
by Oliver Church and Joseph Hancock, the messengers who 
bore the news of the " massacre" southward, it would 
appear that, after the first volley from the sheriff's party, for 
the purpose of intimidating the "rioters," the' latter returned 
the tire from the Court-house ; that " one of their Balls entered 
the Cuff of the Coat of Benjamin Butterfield, Esquire, one of 
his Majesty's Justices of the Peace for the said County of 
Cumberland, which went out of the elbow without hurting 
him, and another went through his Coat Sleeve and just grazed 
the skin. That a pistol was discharged by one of the Rioters 
at Benjamin Butterfield, the Son of the above named Justice 
Butterfield, so near that the Powder burnt a lai'ge hole in the 
breast of his Coat, and one William Williams received a large 
wound in the head by one of the Balls discharged by the said 
Pioters." Another deposition made by John Grilfin, contains a 
declaration that " the Rioters returned a Discharge of Guns or 
Pistols on their part," and in the statement of the judges, it is 
asserted that the " rioters fought Violently with their clubs, and 
fired some few fire-arms at tlie Posse, by which Mr. Justice 
Butterfield received a slight shot in the arm, and another of the 
Posse received a slight shot in the head with Pistol Bullets." 
The account of one of the newspapers* of the time, is, that the 
first fire of the sheriff's posse " was immediately retm-ned from 
the Court-house, by wdiich one of the Magistrates was slightly 
wounded, and another person shot through his clothes." In 
another,f it is recorded that " the rioters fired once or twice on 
the sheriff's party, but did no damage." 

As opposed to a part of these assertions, the Whigs declared 
that they had no fire-arms at the time of the attack, and this 
statement is substantiated by eye-witnesses, some of whom 
were, until within a few years, alive, and by a sufficient amount 
of unbiased evidence. That some of the Court party were 
wounded in the aftray, there is no doubt; but the injuries 
they received, except those " inflicted by bludgeons," were from 

* New York Journal, or Oeneral Advertiser: Thursday, March 23d, 1775, 
f Essex Gazette, Salem, Massachusetts; vol. vii., March 14th-2l8t, 1776. 



1775.] TORY DEPOSITIONS. 233 

tlieir own friends. The figlit, it will be remembered, was car- 
ried on in darkness. To explain tliis contradiction in regard to 
the use of fire-arms by the Whigs, and to furnish a clue to all 
the other discrepancies which appear in the naiTations of the 
opposing parties, a knowledge of accompanying circumstances is 
alone requisite. The newspaper press, controlled by those favor- 
able to royal government, and opposed to revolutionary action, 
sided with the supporters of established law, regardless of its 
corrupt administration, and concealed or misrepresented the true 
causes which were forcing the lovers of liberty throughout the 
colonies to throw off the burdens which were oppressing them. 
The depositions, although given under oath, had been previously 
supervised by the Tory representatives in the Legislature of 
New York from Cumberland county, and were, no doubt, 
colored by them in such a manner as to make the cause of the 
Whigs appear in its worst light. Men, most violent in the 
measures which they were ready to adopt to suppress the first 
outbreathings of Hberty and right, were not those who would 
scruple to exaggerate and falsify in order to achieve the ends 
tliey had proposed.* 

* As testimony corroborative of the position assumed in the text, the following 
extracts from printed and MS. documents and verbal relations, are presented. In 
the report of the committee who were chosen by the people of Cumberland 
county and others, to prepare an account of the affray, occur these words : " We, 
in the house, had not any weapons of war among us, and were determined that 
they [the sheriff and his posse] should not come in with their weapons of war, 
except by the force of them." The testimony of Theophilus Crawford was, that 
" the Whigs had not so much as a pistol among them," and in proof of the state 
of feeling previous to the fight, he declared that " a man named Gates, of Dum- 
merstou, started for Westminster, armed with a sword," and that " the people 
would not let him proceed until he had laid aside the offensive weapon." To the 
same effect Calvin W^ebb. " The liberty men had no guns when they first came, 
but after French was killed, they went home and got them." Azariah Wright, a 
grandson of the sturdy captain of the same name, who was so active in the cause 
of the sons of freedom, has written to the author, by the dictation of his father, 
Salmon Wright, who, a lad of twelve or thirteen, was present at the burial of 
French, in these words : " There were no arms carried by the liberty party, 
except clubs which were obtained by the Rockingham Company at my grand- 
father's wood-pile. There were no Tories wounded, save those knocked down 
by the club of Philip SafFord." When questioned with reference to the asser- 
tions of Hancock and Church, his language, dictated as before, was this: "In 
regard to the statements in the Tory depositions, father says they are all fudge ! 
that there were no weapons carried or used by the liberty men, except the 
afore-mentioned clubs. This is a fixed fact." Additional proof might be accu- 
mulated ; but it is probable that enough has been said to satisfy the reader that the 
only weapons, offensive or defensive, carried by the Whigs, were clubs and staves. 



234: HISTOEY OF EASTERN YEEMONT. [1775. 

As furnishing tlie less important incidents connected with the 
affray, tradition affirms, that a certain Joseph Temple of Dum- 
merston, carried his food in a quart pewter basin, which, placed 
in a kind of a knapsack, was strapped over his shoulders. 
During the firing the basin was struck twice by the bullets, 
which left their marks upon it but did not perforate it, and its 
owner escaped unhurt. This novel life-preserver was kept in 
the family of his descendants for many years, but finally found 
its way to that place of deposit of articles valuable for their 
antiquity, the cart of a tin pedlar. Another brave man of the 
same town, hight John Hooker, escaped with the loss of the 
soles of his boots, which were raked off by a chance shot from 
the enemy. But the discomfiture was only temporary ; the 
art of the shoemaker was potent to restore the wanting portions, 
and the boots were afterwards worn by their owner with feelings 
of pride and satisfaction. Many a man more distinguished but 
less valiant than John Hooker, has in the time of battle found 
safety in trusting to his soles, and that, too, in a manner not one 
half as honorable ! 

To dignify the events of the 13th of March, the Muses were 
not ashamed to lend their assistance. The following lines, ex- 
humed from the brain of an old man, where they had slept 
undisturbed for more than three quarters of a century, aftbrd 
not only a rare specimen of Hipponactic composition, but, as 
far as they go, contain a spirited and concise accoimt of the 
affray.* 

" March y« thirteentli, in Westminster there "was a dismal clamor, 

A mob containing five hundred men, they came in a riotous manner, 

Swearing the courts they should not set, not even to adjournment, 

But for fear of the Sheriff and his valiant men, they for their fire-arms sent 

* These lines are supposed to have been the production of John Arms, a young 
man "who resided in Brattleborough, and who was a favorer of the Court party. 
They were communicated orally by Calvin Webb, of whom mention has been 
already made. Regarding them as expressing the sentiments of an opposer 
of the " mob," the eleventh verse furnishes another proof that stout cudgels were 
the only weapons wliich the mob carried. Arms is said to have possessed mental 
qualities of no mean order. Physically, he was not strong, and died young. By 
a vote of the Council of Vermont passed June 15th, 1782, it appears that John 
Arms of Brattleborough, who, at the age of fifteen, in the year 1775, joined the 
" enemies of this and other American States," and afterwards returned and asked 
pardon, was forgiven " and restored to the privileges of the State " on taking 
the oath of allegiance. The person referred to in this vote, and the poet of the 
"Westminster Massacre," are supposed to be identical 



1TT5.] THOMAS CHAiSTDLER, JE. 235 

The Protestants that stood by the law, they aJl came here -well armed ; 

They demanded the house which was their own, of which they were debarred. 

The Sheriff then drew off his men to consult upon the matter, 

How he might best enter the house and not to make a slaughter. 

The Sheriff then di'ew up his men in order for a battle, 

And told them for to leave the house or they should feel his bullets rattle. 

But tliey resisted with their clubs until the Sheriff fired, 

Tlien with surprise and doleful cries they all with haste retired. 

Our valiant men entered the house, not in the least confounded. 

And cleared the rooms of every one, exce^it of those who were wounded." 



irt of the ■ -^ 
Thomas /W _j^ /* ->/^ 

• Junior //l^^-ryp^^ ~\P-^Ui>^^^^teyp- 




"With one exception the officers of the Court were opposed to 
any interference 
on the part of the 
people. 

Chandler Junior, 
one of the assis- 
tant justices and 
a son of the chief 

judge, held views repugnant to those of his colleagues and 
superiors. On the day of the outbreak, a large body of the 
inhabitants of Chester having started to go to Westminster. 
Chandler was questioned as to the object of their journey. In 
reply, he stated that they had gone " to petition the Inferior 
Court of Common Pleas not to sit or proceed on business." 
Being asked whether it would not have been better had a com- 
mittee been delegated to proHer the request of the people, he 
answered, that if those who had gone committed no violence, 
they could not be indicted for riot, and further remarked, that 
the court ought not to sit because " the attorneys vexed the 
People with a multiplicity of suits," the " sheriff of the County 
was undeserving to hold his office," and " had bad men for his 
deputies." He also gave it as his opinion, that if the court 
should attempt to proceed on "business of a civil nature," the 
people would put a period to the session. So thoroughly was 
he convinced of the injustice and petty tyranny that had 
attended the administration of law, that he was " very zealous " 
that the people should apply the remedies which they subse- 
quently used with so much effect.* 

Of the court party who had been imprisoned, Thomas Chan- 
dler, the chief judge, Bildad Easton, a deputy sheriff, Capt. 
Benjamin Burt, Thomas Sergeant, Oliver Wells, Joseph Willard, 

* MS. deposition of Elijah Grout, relative to Thomas Chandler, Jr. 



236 HISTORY OF EASTERN VEEMONT. [1775. 

and Jolin Morse, were released on the 17th, having given bonds 
with security to John Hazeltine, to appear and take their trial at 
such time as should be appointed. Thomas Ellis, against whom 
no charge was found, was set at liberty, unconditioned ; Noah 
Sabin, one of the side judges, Benjamin Butterfield, an assistant 
justice, William Willard, a justice of the peace, "William Pater- 
son, the high sheriff, Samuel Gale, the clerk, Benjamin Gorton, 
a deputy sheriff, Kichard Hill, William Williams, and one Cun- 
ningham, were, by a vote of the committee of the people, 
reserved for confinement in the jaol at Northampton, Massachu- 
setts. On Sunday the 19th, these nine prisoners set out on 
their march, being attended by a guard of twenty-five men 
under the command of Robert Cockran, and by an equal 
number of men from New Hampshire, led by a certain Capt. 
Butterfield, an inhabitant of that province. Having reached 
Northampton on the 23d, they were there imprisoned, and re- 
mained in durance nearly two weeks. 

A paragraph in a New York paper of this period, declared 
that " the gentlemen who had fallen into the hands of the insur- 
gents " were to be removed by virtue of a writ of habeas corpus 
from Northampton to that city, where they woidd be " regularly 
tried in order to their enlargement." On the 3d of May, 
they had reached New York, but it is not probable that the 
offences with which they were charged were ever subjected 
to a legal investigation. The war of the He volution had now 
become a reality, and the causes which produced it began 
to be merged in the results to which those causes had given 
birth.* 

The news of the affray reached New York on the 21st of 
March, through the medium of the expresses, Chm-ch and Han- 
cock. Tlie Council were immediately summoned, and were in- 
formed by Lieutenant-Governor Coldeu, that " violent Outrages 
and Disorders" had lately happened in Cumberland county. At 
his desire, Samuel Wells and Crean Brush were called in, who 
repeated the statements they had received. By the advice of 
the Council, the messengers were directed to embody their ac- 
count in the form of depositions, and the Lieutenant-Governor 
was requested to send the depositions to the General Assembl}' 
then in session, together with a message " warmly m-ging them 
to proceed immediately to the consideration" of such measures 

* New York Gazette, Monday, April 10th, 1775. 



1775.] MESSAGE FROM THE LIEUTENAJSTT-GOVEKNOK. 237 

as would prevent the recurrence of " Evils of so Alarming a 
ISTature," and bring "tlie principal Aiders and Abettors of such 
V^iolent Outrages to Condign Punishment." 

The depositions were prepared on the 22d, and having been 
witnessed by Daniel Horsmanden, the secretary of the pro- 
vince, were sent on the 23d to the General Assembly, accompa- 
nied by a message from the Lieutenant-Governor, of which the 
following is a copy : — 

" Gentle:me:jt : You wiU see, with just indignation, from the 
papei's I have ordered tx) be laid before you, the dangerous state 
of anarchy and confusion which has lately arisen in Cumber- 
land county, as well as the httle respect which has been paid to 
the provisions of the Legislature, at their last sessions, for sup- 
pressing the disorders which have for some time greatly dis- 
turbed the north-eastern districts of the county of Albany and 
part of the county of Charlotte,* 

" You are called upon, gentlemen, by every motive of duty, 
prudence, policy, and humanity, to assist me in applying the 
remedy proper for a case so dangerous and alarming. 

" The neghgenoe of government will ever produce a contempt 
of authority, and by fostering a spirit of disobedience, compel, 
in the sequel, to greater severity. It wiU therefore be found to 
be not only true benevolence, but also real frugality, to resist 
these enormities at their commencement ; and I am pei-suaded, 
from your known regard to the dignity of government, and 
your humanity to the distressed, that you will readily strengthen 
the hands of civil authority, and enable me to extend the suc- 
cour and support which are necessary for the relief and protec- 
tion of his Majesty's suffering and obedient subjects, the vindi- 
cation of the honour, and the promotion of the peace and felicity 
of the colony." 

Tlie message, and the papers connected with it, were referred 
to the consideration of a committee of the whole house. On the 
30th, the house resolved itself into a committee of that nature. 
The message and depositions were again read, and the witnesses 
were re-examined. By a vote of fourteen to nine, the committee 
advised that a provision should be made " to enable the inhabit- 



* Reference is had to a series of outrages -which had been committed on the 
New york settlers residing west of the Green Mountains, by Ethan Allen, Seth 
Warner, and the " Bennington Mob," as they and their adherents were termed. 
See Doc. Hist. N. Y., iv. 891-903. 



238 HISTORY OF EASTEEN ^^EKMONT. [17Y5. 

ants of the county of Cuni'l>erland to reinstate and maintain the 
due administration of justice in that county, and for the sup- 
pression of riots." The Speaker having resumed the chair, the 
chairman of the committee presented his report, whereupon 
Crean Brush moved, " that the sum of one thousand pounds 
be granted to his majesty, to be appHedfor the purposes enume- 
rated in the rejDort." A stirring debate ensued, but the mo- 
tion was finally carried, twelve voting for and ten against it 
Every Whig member present, and several of the ministerial 
party, voted against the measure, and in the majority of two the 
vote of the Speaker was included. 

On the 3d of April, the last day of the last session of the Ge- 
neral Assembly of the province of New York, the Treasurer of 
the Colony, on a warrant from the Lieutenant-Governor or the 
Commander-in-Chief, and by the advice of the Council, was 
directed to pay the sum which had been voted for the benefit 
of the people of the county. Soon after this appropriation had 
been made, some of the officers of the court presented an account 
of the expenses which had been incurred by them and persons 
in their employ, in suppressing the disturbances in the month 
of March previous. By an order of the Council, the sum of 
one hundred and ninety-twp pounds nineteen shillings and one 
farthing, the amount claimed, was paid to Samuel "Wells, Wil- 
liam Paterson, and Samuel Gale. This was the first draft made 
upon the funds which had been set apart for such purposes. 
Although a few of the sufterers were reimbursed by the appro- 
priation, yet the general effect upon the county, as far as the 
control of the conduct of the inhabitants was concerned, was 
scarcely perceptible. 

Li presenting to Lord Dartmouth an account of his official 
conduct, contained in a report dated April 5th, Lieutenant- 
Governor Colden referred to the course he had pursued in 
endeavoring to protect the rights of the crown in Cumberland 
county, in these words : " It was necessary for me, my Lord, 
to call upon the Assembly for aid, to reinstate the authority of 
government in that county, and to bring the atrocious offend- 
ers to punishment. They have given but one thousand 
pounds for this purpose, which is much too small a sum ; but 
the party in the Assembly who have opposed every measure 
that has a tendency to strengthen or support government, by 
working on the parsimonious disposition of some of the country 
members, had too much influence on this occasion. I am now 



1775.] LiEUT.-Gov. colden's dispatches. 239 

waiting for an answer from General Gage, to whom I have 
wrote on this affair in Cumberland. By his assistance I hope I 
shall soon be able' to hold a court of Oyer and Terminer in that 
county, where I am assured there are some hundreds of the 
inhabitants well affected to government ; and that if the debts 
of the people who have been concerned in this outrage, were 
all paid, there would not be a sixpence of property left among 
them." 

In answer to the request of Golden, it was commonly reported 
at the time, that Gage, who was then at Boston, sent a number 
of arms to ]!^ew York by a vessel named " the King's Fisher." 
"Whatever may have been the fact, " the affair at Lexington" 
diverted the attention of government from the proposed method 
of re-establishing the authority of the crown in the interior of 
the province, and led to a different disposition of the bayonets, 
at whose point obedience and submission were to have been 
secured.* 

Liasmuch as the inhabitants of Bemiington and the vicinity 
who held under New Hampshire, had for some years previous 
been engaged in quarrels with the New York settlers, there 
are those who have supposed that the doings at "Westminster 
must have originated in disputes regarding the titles of land. 
This opinion is very erroneous. Less than a month from the 
time of the affray. Golden, in his official dispatches to Lord 
Dartmouth, commenced an account of the " dangerous insurrec- 
tion," by declaring that a number of people in Cumberland 
county had been worked up by the example and influence of 
Massachusetts Bay, " to such a degree, that they had embraced 
the dangerous resolution of shutting up the courts of justice." 
After a concise description of attending circumstances, he con- 
cluded in these words : " It is proper your Lordship should be 
informed, that the inhabitants of Cumberland comity have not 
been made uneasy by any dispute about the Title of their Lands. 
Tliose who have not obtained Grants under this govermn*, 
live in quiet possession under the gi*ants formerly made by Kew 
Hampshire. The Rioters have not pretended any such pretext 
for their conduct. The example of Massachusetts Bay is the 
only reason they have assigned. Yet I make no doubt they 
will be joined by the Bennington Rioters, who wiU endeavor to 

* London Documents, in office Sec. State K Y., vol xlv. Doc. Hist. N. Y. 
iv. 915. 



240 HISTOET OF EASTERN VEKMOKT. [1Y75. 

make one common cause of it, tliougli the j have no connection but 
in their violence to Government." An opinion like this, and from 
such a source, is sufficient to show that the causes which incited 
the " Benning-ion MoL" to deeds of violence, were in no respect 
identical with those which determined the people of Cumber- 
land county to prevent the sittings of the court. 

The events of the 13 th of March have been styled in these 
pages a mob, a riot, and an aiFray, names chosen by the crown 
adherents to express their idea of the nature of the transactions 
of that day. The term " massacre" was the more dignified 
title employed by the Whigs to convey their own notions of the 
same proceedings. A more correct conception is conveyed in 
the wor^ insurrection. The people rose against civil and 
political authority, and in so doing were justified on principles 
which do not admit of dispute. An examination of facts will 
show that in the history of Cumberland county — a type of the 
history of the colonies — there were present the three conditions 
wliich alone can justify an insurrection. First, there was 
oppression on the part of the government against which resist- 
ance was finally made ; secondly, every peaceable means, by 
petitions and remonstrances, for removmg this oppression, had 
been tried, but in vain ; thirdly, forcible measures were not 
resorted to until the probability of success had become so 
strong as to amount, for the time being, almost to a certainty. 
Trusting thus to the justice of their cause, and to the favor of 
Him who is ever ready to succor the opj)ressed, these deter- 
mined men resolved to acliieve for themselves the bless- 
ings of independence, and laid the foundations of those in- 
stitutions which are the characteristics of a republican govern- 
ment. 

In claiming for William French the title of the proto-martyr 
to the cause of American Hberty and of the Revolution, it may 
chance that but few will be found wihing to allow him such an 
honor. Lexington and Concord point with pride to their battle- 
grounds, and Charlestown boasts of her Bunker HiU, on whose 
top towers the symbol of our national strength, the j)ersonifica- 
tion of the genius of America. But amid these noble memories 
it should never be forgotten, that on the plains of Westminster 
the cause of freedom received its firet victim, and that in his 
grave were buried all hopes of reconciliation with the mother 
country. 

When the Grecian warrior consulted the oracle at Delphi, 



1775.] THE PROTO-MAKTTB OF THE KEVOLUTION. 241 

wishing to know whether the Athenians or Spartans would con- 
quer in battle, the priestess gave answer that the army would 
be victorious in which a soldier was first slain ; for she well 
knew that his comrades would not tire in the struggle until the 
death of the first martyr had been avenged by the defeat of his 
and his country's foes. And thus, when on the side of Liberty 
and the American Colonies the proto-martyr fell, every wound 
in his body became a mouth which called for vengeance, and 
from every drop of blood there sprang forth a hero, not in 
embryo, but armed, to battle bravely for his country.* 

• 8ee Appendix I. 



CHAPTEE X. 

THE FIRST TEARS OF THE BEVOLUTION. 

The " Friends of Liberty" — Patriotism of the " Guilfordites" — ^The 'Westminster 
Resolutions — The New York Provincial Congress — " County Congress " at 
Westminster — Deputies from Cumberland County — Proceedings in Gloucester 
County — Town Associations in Behalf of Freedom — Etforts to Increase the 
Military Force of New York — Convention at Westminster — The Militia of 
Cumberland and Gloucester Counties — Troubles Incident to the Choice of 
Officers — Eiforts to allay Discontent — Dorset Convention — Loan from the Pro- 
vincial Congress — Jacob Bayley chosen Bi'igadier-General — Methods of Govern- 
ment adopted in the absence of Fixed Laws — Powers of the Committee of 
Safety of Cumberland County — Instructions to Delegates — Letter to the New 
York Provincial Congress — July Meeting of Cumberland County Committee of 
Safety — Name of New York Provincial Congress changed — Supplies of Gun- 
powder, Lead, and Flints — Value of Lead — Rangers — Joab Hoisiiigton's Com- 
mission as Major of the Rangers — Under-Officers Nominated — Proposition to 
make the " Grants" a Separate District — Views of the Inhabitants of Cumber- 
land County on the Subject — Stevens and Sessions'? Declarations in the New 
York Convention — Report upon the Condition of Cumberland County — Pre- 
parations to meet Gen. Carleton — Divisions in the Cimiberland County Com- 
mittee of Safety — ^Separation from New York inevitable. 

The events of the 13th of March were an expression of the 
dishke of the majority of the inhabitants of Cumberland 
county to the pohcy of Great Britain, The determination mani- 
fested on that occasion they were not prepared to alter in the 
least, unless sufficient reason for a change should be given. The 
governmental representatives of the mother country on their 
part evinced no conciliatory disposition, and, thenceforth, oppo- 
sition to oppression was the guiding principle of the " Friends 
of Liberty." Meetings were held in many of the larger towns, 
at which the conduct of those who had been prominent in 
stopping the courts at Westminster was highly applauded. A 
spirit of hearty cooperation, the earnest of success, was eveiy- 
where apparent. Though the path of revolution was often- 



1775.] PATRIOTISM OF THE " GUILFOEDITES." 243 

times shrouded iu darkness, yet, from that period, each step iu 
it was a step forward. 

On the 28th of March, the people of Guilford assembled in 
town meeting and manifested their willingness to remain under 
the jurisdiction of New York, by voting that they would " be 
subject to the laws of that government" to which they had 
been annexed by the Crown. At the same time they directed 
the town committee of safety to decide whether those who had 
received commissions from Governor Try on should retain or 
resign them. On the 7th of April the subject was taken from 
the hands of the committee, and the holders of the obnoxious 
commissions were desired to return them, or declare their prin- 
ciples in such a manner as would leave no doubt of their posi- 
tion.* Concert and expeditiousness in action were then, as now, 
regarded as the secrets of success. It was the acknowledgment 
of this truth that led the " Guilfordites" to guard against 
internal division and petty strife. " We recommend to the 
inhabitants of this town," said they, " that they take all proper 
measures for unity one with another, and that no man cast any 
reflections one upon another, which will surely create discord 
and disagreement ; and, by dividing, we shall surely come to 
destruction." " We recommend to the people as aforesaid, that 
every person hold himself in an habitual and actual readiness 
on any emergency whatsoever ; and every man to appear at a 
minute's warning, and then and there choose oflicers to lead us, 
according to the instruction of our elders and committee."! 

Tlie influence of Ethan Allen and his followers, which in 
Bennington and the vicinity had led the settlers under New 
Hampshire titles to maltreat those who held grants from New 
York, began now to exert its effect on the other side of the 
Green mountains. At a meeting of committees from Cumber- 
land and Gloucester counties, held at Westminster on the 11th 
of April, resolutions were passed which bore evidences of disaf- 
fection towards the colonial government of New York. It is 

* " Voted, that we recommend to all those Persons in this Town who have re- 
ceived Commissions under Governor Tryon, that they Resign said Commissions, 
or Erase their names out of a Certain Covenant, Signed by the body of the People, 
to mitigate or Soften the minds of the People." — ^Votes and Proceedings of the 
Town of Guilford, 17Y5, in Brattleborough Semi- Weekly Eagle, Thursday, June 
20th, 1850. 

f These recommendations were passed on the 20th of April. On the 3d of 
May following, the people assembled again in town meeting, and completed the 
organization of the town militia, by the appointment of officers. 



244 HISTORY OF EASTERN VERMONT. [1775. 

" our opinion," these committees declared, " that our inhabit- 
ants arc in great danger of having their property unjustly, 
cruelly, and unconstitutionally taken from them by the arbitrary 
and designing administration of the government of New York, 
sundry instances having already taken place ; that the lives of 
those inhabitants are in the utmost hazard and imminent dano-er 
under the present administration, witness the malicious and 
horrid massacre of the 13 th ultimo ; that it is the duty of said 
inliabitants, as predicated on the eternal and immutable law of 
self-preservation, to wholly renounce and resist the administra- 
tion of the government of New York, till such time as the lives 
and property of those inhabitants may be secured by it, or till 
such time as they can have opportunity to lay their grievances 
before his most gracious Majesty in Council, together with a 
proper remonstrance against the unjustifiable conduct of that 
government, with an humble petition to be taken out of so op- 
pressive a jurisdiction, and either annexed to some other govern- 
ment or erected and incoi-porated into a new one, as may appear 
best to the said inhabitants, to the royal wisdom and clemency, 
and till such time as his Majesty shall settle this controversy." 
In connection with these proceedings Col. John Hazeltine, 
Charles Phelps, and Cob Ethan Allen were appointed to pre- 
pare a remonstrance and petition embodying the sentiments 
entertained by the committees. Such was the action of the con- 
vention on this occasion- But when, in the course of the fol- 
lowing months, it was ascertained that all the provinces were in 
a similar situation on account of the tyranny of Great Britain, 
the inhabitants of the two counties willingly jomed with the 
rest of the inhabitants of New York in aggressive and repulsive 
endeavor ; and it was not until the idea of forming the New 
Hampshire Grants into an independent state, had seized upon 
the mass of the community, that they ceased to cooperate with 
the province to which they rightly belonged. Even then there 
were some who considered themselves as subjects of New York, 
and these, through many years of confiscation and statutory 
inhibition, maintained with sacredness their allegiance to that 
state.* 

In conformity with the course adopted in most of the colonies, 
a Provincial Convention was held in the city of New York, on 
the 20th of April, at which delegates from nine counties were 

* Slade's Vt. State Papers, p. 60, American Archives, Fourth Series, 1115, ToL 
ii coL 315. 



1775.] THE NEW TOKK PKOVIN'CIAL C0NGEES8. 245 

in attendance. Cumberland and Gloucester were not repre- 
sented. Tlie session lasted tkree days. Soon after its close 
circular letters were dispatched to all the counties in the pro- 
vince, notifying the project of establishiog a Provincial Congress. 
Pursuant to this call, deputies from different parts of the pro- 
\dnce assembled at the Exchange in the city of E'ew York, on 
tlie 22d of May, and on the following day a Provincial Congress 
was formed, and Peter Yan Brugh Livingston was elected presi- 
dent. Owing, in a measure, to the sparseness of population, the 
inhabitants of Cumberland had been delayed in sending dele- 
gates to the Convention. For the purpose of obviating any 
trouble which might ensne from this neglect, a " County Con- 
gress" was convoked at "Westminster, on the 6th of June.'* 
Col. Hazeltine, who was chairman on this occasion, stated that 
it was the desire of the committee of correspondence in the 
city of New York to know fully the sentiments of the inhabit- 
ants of the county " with regard to the hostile measures that 
are using by the British Parliament to enforce the late cruel, 
unjust, and oppressive acts of the said British Parliament 
through the British Colonies in America." 

In answer to this inquiry, the convention, expressing " the voice 
of the people," declared by their resolutions the illegality of 
the acts of parliament which had been lately passed in order to 
raise a revenue in America, and denounced them as opposed to 
the Bill of Rights and to a fundamental principle of the British 
Constitution, which did not allow any person to be deprived of 
his property without his consent, unless he had previously for- 
feited it by liis misdeeds. They also resolved, in conjunction 
with their brethren in America, to " resist and oppose" these 
obnoxious acts at the expense of their " lives and fortunes" and 
" to the last extremity," provided duty to God and their coun- 
try should require it. Tliey expressed their acquiescence in the 
conduct of their friends in the city of New York, and agreed 

* At a previous session of the " Congress," held at Westminster, James Clay, 
John Barrett, Solomon Phelps, and Elkanah Day had been appointed a coniinittee 
to examine into the monetary affairs of the county. In their report, rendered on 
the 4th of June, they stated that it would be necessary for those towns which were 
yet in arrears to pay up their tax«s " in order to do justice to the treasurer, Ben- 
jamin Burt, and committee for building the court-house and jail." " The good 
people of the county," observe the committee, " may rely upon it, that said money 
to be collected, will not go to satisfie the demands of Samuel Wells and Crean 
Brush, Esquires, but it will be put to the real interest of the county, in paying its 
juflt debts." 



24:6 HISTORY OF EASTERN VERMONT. [1775. 

to abide by the principles wliicli they had taken as a basis of 
action. In view of the " very broken situation" of the county, 
as regarded civil authority, they asked for advice from the Pro- 
vincial Congress, touching the measures which would be potent 
in restoring " order and regularity." Owing to their defence- 
less condition, and the inefficiency consequent thereupon, they 
desired that arms and ammunition might be given them. " We 
have," said they, " many brave soldiers, but, unhappily for us, 
we have nothing to fight with." As a full endorsement of the 
efibrts which were then being made to establish concerted 
action. Col. John Hazeltine of Townshend, Dr. Paul Spooner 
of Hertford, and Maj. William Wilhams of Westminster, were 
chosen delegates to represent the county in the New York Pro- 
vincial Congress.* 

Soon after their appointment they proceeded to New York to 
engage in the idnties incident to their position. Tliey were the 
bearers of a letter from Col. Hazeltine containing an account of 
the late " Congress." This communication, fraught with jDatri- 
otic sentiments, was written in behalf of the committees who 
had assembled at Westminster, and was directed to Peter Yan 
Brugh Livingston, the president of the Provincial Congress. 
One of its paragraphs was in these words: — "We detest and 
abhor these arbitrary, tyi'annick, and sanguinaiy measures, which 
the British Parliament are most industriously pursuing against 
the American Colonies, in order to dragoon them into compli- 
ance with certain late detestable acts of Parliament replete 
with horrour, and repugnant to every idea of British freedom, 
and which have a direct tendency to reduce the free and brave 
Americans into a state of the most abject slavery and vassal- 
age." " You may rely upon it," observed the patriotic writer, 
in closing, "that our people in general are S2:>irited, resolute, 
and active in the defence of our dear-bought rights and liber- 
ties, and will not flinch, if called, generously to spill our blood 
to oppose and resist ministerial tyranny and oppression." 

Another letter entrusted to the delegates contained an offer 
from Maj. William Williams, Ma,]. Benjamin Wait, and Capt. 
Joab Iloisington, the last two of Windsor, to serve respectively 
as Colonel, Lieutenant-Colonel, and Major of a regiment of 
militia. " Glowing with true martial ardour, and willing, with 

* Journal K Y. Prov. Cong., i. 1, 5, '7. Am. Arch., Fourth Series, 1775, voL ii. 
cols. 351, 918, 919, 12-11, 1242. Credentials of Delegates, in office Sec. State, 
N. Y., 1775, p. 103. 



1775.] THE IsTJW YORK PKOYINCIAL CONGRESS. 247 

the utmost clieerfnlness and alacrity, to iinslieath the sword in 
defence of the lives and properties of the good people" of the 
" ancient and truly respectable patriotick colony of New York ;" 
seeing also that hostilities had already commenced, and that the 
sword had been actually drawn, they advised the formation of a 
regiment " of good, active, enterj)rising soldiers," in order " to 
keep under proper subjection regulars, Roman Catholicks, and 
the savages at the northward," and to defend their own rights 
and privileges "against ministerial tyranny and oppression." 
In case they should receive the appointments for which they 
sought in the proposed regiment, they promised to be "entirely 
under the command and order of the Provincial Congress," and 
flattered themselves that in such a position they would prove 
useful instruments in serving the " ancient and honourable 
colony of New York."* 

Soon after the circular letter of the Provincial Convention of 
New York was received in Gloucester county, the people 
assembled and chose Jacob Bayley of Newbury to represent 
them in the Provincial Congress. On the 29th of June Bayley 
informed the Congress by letter that, on account of the great 
distance between Newbury and New York, and the exposed 
situation of the northern settlements, his friends did not deem 
it proper for him to attend the session until they should be 
" prepared to meet with an enemy at home." A county com- 
mittee was also formed, and sub-committees were chosen in each 
to^vn and precinct. " The county seems to be very well united 
and firm in the cause of liberty," wrote John Taplin, on the 
15th of July, " and I make no doubt but they will cheerfully 
join in whatever measures and directions the honourable Con- 
gress may point out from time to time."t 

On the 21st of June, the delegates from Cumberland county 
took their seats in the Provincial Congress. Hazeltine remained 
only three days, but "Williams and Spooner were present until 
the close of the session. The latter gentlemen, having gi\;en 
previous notice of their intention, laid before the Congress on 
the 7th of July, an account of the condition of the county which 
they represented. The nature or purport of their remarks is 
not known, but from a minute in the records of the Congress, it 
appears that when they had concluded their observations, a com- 

* Journal N. Y. Prov, Cong., i. 95; il 53. 

f Journal N. Y. Prov. Cong., il 50, 60. Am, Arch., Fourth Series, HYS, vol ii. 
cols. 934, 935, 938, 939. 



24S HISTOKY OF EASTERN VERMONT. [1775. 

mittee was chosen " to receive information of the members of 
that comity and of any other persons, of the state of that county, 
and report thereon to this Congress." The Congress adjourned 
on the 8th of July, but a committee of safety was chosen to act 
during the recess, and John Morin Scott was appointed to repre- 
sent Cumberland county in the absence of the regular delegates. 
He was present but twice during the recess. Fortunately no 
business was transacted which demanded his especial atten- 
t-: va.^ 

Meanwhile the dwellers on both sides of the Green moun- 
tains were endeavoring to enlist soldiers and establish an effi- 
cient militia. Means were also taken to improve every oppor- 
tunity which could be made use of, to advance the safety of 
tha community. The committee of coiTespondence in the town 
of ISTorthfield, Massachusetts, informed the Council at Boston, 
on the 26th of June, that there were " two small cannon be- 
longing to the Massachusetts Bay" at Fort Dumraer, which 
were left there when that garrison was dismantled, and one at 
Fort Hinsdale. These they offered to convey to the army on 
the western frontier, provided ordnance should be wanted in 
tliat section. In Townshend, through the activity of Col. John 
Hazeltine, fifty-one persons signed an agreement on the 12th 
of July, binding themselves to maintain and disseminate the 
principles of American liberty, and adopting as theu' rules of 
action the resolutions passed and promulged by the Contmental 
Congi-ess during the months of September and October, 1774. 
A similar association, with the same number of members, was 
foi-med at Springfield on the 26th of July, and on the 31st of 
tlie same month twent)^-one of the twenty-four freeholders of 
Weathersfield united in completing a similar organization.! 
About the same period, Capt. Elisha Benedict of Albany, by 
the direction of tlie New York Provincial Congress, was en- 
gaged in forming military companies in Cumberland county, 

* Journal N. Y. Prov. Cong., L 49, 61, 69-71, 82, 86. Am. Arch., Fourth Series, 
niS, vol. ii., cols. 1309, 1314, 1345, 1348, 1777, 1793, 1798. 

f In Towneliend the association was signed by all the citizens then in the 
place. Those out of town were Samuel Fletcher, Benjamin Moredock, Oliver 
Moredock, Aaron Johnson, Samuel Parkis, Thomas Barns, and Ebenezer Burt, 
who were "in the service at Roxbury, under Gen. Washington," The names of 
those who refused to sign the association subscribed in Weathersfield, were John 
Marsh, Joseph Marsh, and John Marsh, Jr. — Associations and Miscellaneous Pa- 
pers, in office Sec. State N. Y., 1775, xxx. 56, 78, 140. Journal N. Y. Prov 
Cong., L 228. 



1775.] A MILITIA BILL. 2-1-9 

which were to be comprised in Uxo regiments, called the npper 
and lower, and were to serve in the provincial, or, as it was 
afterwards designated, the state line.* 

After an interval of nearly three weeks, the Provincial Con- 
gress of New York assembled on the 26th of July. On the 
same day a convention was held at Westminster, and the dele- 
gates from Cumberland, who had been previously appointed to 
represent that county in the Provincial Congress, were impow- 
ered to act singly, " in as ample and full a manner," as if all 
were present. With a certiiicate to this eftect, signed by James 
Clay, the temporary chairman of the convention, William Wil- 
liams appeared in ISTew York, and on the 12th of August took 
his seat in the Provincial Congress as the representative from 
Cumberland. In order to make the military force of the pro- 
vince more effective, a militia bill, reported by Anthony Hotf- 
man of Dutchess county, was adopted by the Congress on the 
22d of August. By its provisions, the whole province was to 
be divided into districts, and each district was to furnish one 
company, " ordinarily to consist of about eighty-three able- 
bodied and effective men, officers included, between sixteen 
and sixty years of age." The companies were to be formed 
into regiments, the regiments into six brigades. One of these 
brigades, the sixth, was to comj)rise " the militia of the counties 
of Charlotte, Cumberland, and Grloucester."f On the 2d of 
September, last day of the session, the gunpowder which had 
been imported and was then in store for the use of the pro- 
vince, was divided among the different counties. The portion 
assigned to Cumberland was one hundred pounds. During 
the recess which followed Williams remained in New York, 
and was a member of the committee of safety. He was also 

* Revolution, Military, in office Sec. State Mass., 1115-llSZ, p. 270. Am, 
Arch., Fourth Series, 1776, vol. ii., col. 1796; vol. iii., col. 620. Journal N. Y. 
Prov. Cong., i. 84, 95 ; ii. 53, 54, 68. See Appendix, containing a List of the 

OlVn. AND MlUT.4RY OFFICERS OF CUMBERLAND AND GLOUCESTER CoUNTIES. 

f An imperfect military organization had been effected in the province of New 
York before the passage of this bill, and the office of brigadier-general for the 
brigade, which it was then in contemplation to establish in the north-eastern part of 
the province, had been offered on the 31st of May previous, to Col. James Roger? 
of Kent (now Londonderry). He refused the trust " upon political principles." 
He afterwards became a Tory and left the country. ■ His possessions in Kent 
were, in the year 1778, confiscated; but in the years 1795 and 1797, James Ro- 
gers Jr. obtained from the Legislature of Vermont possession of all the lands in 
that town which had been owned by his father and were then unsold. — Journal 
N. Y. Prov. Cong., ii. 32. Thompson's Vt., Part IIL, p. 103. 



250 HISTOKY OF EASTERN VERMONT. [1775. 

preseufc at tlie re-assembling of tlie Provincial Congress on the 
4tli of October, but it does not appear that he remained through 
the session.* 

By a resolution of the Provincial Congress, passed on the 
ISth of October, it was determined that that body should an- 
nounce itself dissolved at such time as should be deemed expe- 
dient, and that a new election should then be called for the 
choice of delegates to represent the province. The dissolution 
took place on the -ith of November, and the 7th of the same 
month was set apart as the day for the new election. In Cum- 
berland county, the town representatives did not assemble until 
the 21st. The convention was held, as on former occasions, in 
the county hall at "Westminster, and William "Williams and 
Paul Spooner were again returned as delegates for the county. 
On the 14th of November, the day on which the newly-elected 
delegates were to convene in the city of New York, it was 
found that a majority of the counties in the province were nol 
represented. For the purpose of maintaining the show of 
authority, informal meetings were held day after day. Such 
letters as demanded immediate re23lies were answered, and de- 
spatches Avere sent to different parts of the province, entreating 
the delegates to hasten their appearance, in order that " the 
measures necessary to be carried into execution" might not be 
longer delayed or neglected. The Congress, after waiting three 
weeks for a quorum, was organized on the 6th of December, 
eight counties being represented. 

Dr. Spooner, having appeared and presented his credentials, 
was, on the 20th, admitted as the dej)uty from Cumberland, 
and was allowed to act singly, with as full power as though his 
colleague were also in attendance. As the bearer of informa- 
tion concerning the military aifairs of his district, he announced 
the appointment, by the committee of safety for Cumberland 
county, of Col. James Rogers as brigadier-general for the bri- 
gade of Cumberland, Gloucester, and Charlotte counties, and 
recommended certain men as field and staif-oificers for the 
militia of the county which he represented. 

Owing to the readiness manifested in different parts of the 
23rovince to second the views of the Congress in the organiza- 
tion of the militia, -the plan which had been adopted a few 

* Journal N. Y. Prov. Cong, i., 87, 89, 105, 114, 135, 137, 139, 146, 163, 165, 
195, 197. Am. Arch., Fourth Series, 1775, vol. ii., cols. 1799, 1800; vol. iii. 
passi7n. 



1775.] SPIRIT OF DISAFFECTIO^r. 251 

months previous "U'as enlarged. A certain numerical rank was 
assigned to the militia officers of each of the fourteen counties 
in the province. The rank of the militia officers of Cumberland 
was the twelfth, and of Gloucester the fourteenth. The number 
of brigades was increased to seven. The brigadier-general of 
the militia of the counties of Cumberland, Gloucester, and 
Charlotte was announced as the seventh in rank, and the eighth 
in command. The new Congress having, on the 22d of De- 
cember, decided to adjourn, appointed a committee of safety, 
consisting of thirteen members, to act during the recess. Of 
this number, Dr. Spooner was one.* 

But a spirit of disaffection had already begun to appear in 
the county. On the 6th of December, a number of the inha- 
bitants of Putney sent to New York a protest against the pro- 
ceedings of the Westminster convention, at which field-officers 
were nominated for the proposed regiments. " The acts of 
this convention," said they, " have discovered such a spirit of 
ignorance or tyranny, that we are apprehensive that our liber- 
ties, which we are contending for, are in danger, and like to be 
wrung out of our hands, by nine or ten arbitrary men." They 
further declared that the convention had nominated field-offi- 
cers who had ever shown " an inimical spirit to the liberties of 
America," and who were " disagreeable to the body of the peo- 
ple." Tills paper, signed by thirty-one persons, was followed 
by another from Westminster, bearing date the 7th of Decem- 
ber, and containing expressions of a similar import. The latter 
document set forth with definiteness the situation of affiiirs in 
the county, and stated that John Norton, who had been recom- 
mended as first major of the lower regiment, had often disap- 
proved " of the proceedings of the colonies," and was held in 
such disfavor that neither in his own town, that of Westminster, 
nor in any other where he was known, could he obtain a major- 
ity of votes from the people for any office in the American 
service. Eedress of grievances of this nature was sought for. 
The petitioners based their plea on the ground of necessity. 
" Tyranny," said they, " appears so evident in the late county 
convention that unless a stop is put to it the county is ruined." 
Of a like nature was the manifesto dated the 13th of December, 
and signed by fifty-six of the inliabitants of Dummerston. In 

* Journal N. Y. Prov. Cong., i. 180, 195, 197, 199, 205, 226, 228-231 ; iL 99. 
Ara. Arch., Fourth Series, 1775, voL iii. col. 1330. 



252 HISTORY OF EASTERN VERMONT. [1T75, 1776. 

this, they denounced the proceedings of the convention, and 
declared the choice of lield-officers, which had been made by 
the town delegates on that occasion, " an infringement on the 
rights of the people." This position was supported by the fact 
that out of the twenty-one delegates, who were entitled to seats 
in the convention, only nine were present, and of this number 
seven were in nomination for military offices. John Norton 
was referred to as one who was " universally known to be in 
opposition to the plan of liberty," and it was stated that other 
candidates had been presented for election, who were " much 
suspected of being unfriendly to the liberties of America."* 

A letter from Samuel Stevens of Charlestown, i^ew Hamp- 
shire, to the secretary of the New York Congress, written on 
the 18th of December, at the suggestion of some of the inhabit- 
ants of Cumberland county, verified the accounts which had 
been sent from the towns of Putney, Westminster, and Dum- 
mei*ston. In this communication he requested that no commis- 
sions should be given to any persons in either of the proposed 
regiments, until a candid expression " of the minds of the people, 
with respect to the several nominations and appointments made 
by their county congress and committee of safety," should be 
presented. An exception, however, w^as made in favor of those 
persons who had been chosen in the month of June previous, 
when the views of the people were seconded by the action of 
^he delegates at the county " Congress." 

On the 4th of January, 1776, during the recess of the Pro- 
vincial Congress, the subject of the militia was taken up in the 
provincial committee of safety, of which Dr. Sj)ooner, of Cum- 
berland county, was a member. As no objection had been 
offered to the oflicers who had been nominated for the upper 
regiment and fot the regiment of minute men, they were pre- 
sented with commissions, signed by Pierre Van Cortlandt, the 
chairman, and John McKesson, the secretary of the committee. 
A recommendation was at the same time given to the commit- 
tees of Cuml>erland, Charlotte, and Gloucester counties, to the 
effect that they should join in the nomination of a brigadier- 
general, and report their choice " with all convenient speed." 
The committee of Cumberland county were ordered to retm-n 
to the Provincial Congress a list of the officers of the county 
militia, under the rank of field-officers, who had been or might 

* Am. Arch., Fourth Series, 1775, vol. iii. cols. 429-431. 



17Y6.] LETTER TO THE COMMITTEE. 253 

be elected pursuant to the resolves of the Congress, and " with 
intent to remove all ground of disquiet in the minds" of the 
persons who belonged to the lower regiment, the committee of 
the county were requested to meet and nominate such field- 
officers for that regiment as should be deemed " best qualified 
for the service of their country." Tlie people of the county 
were also informed, that, in case no nomination should be made 
by their immediate representatives in county convention, the 
officers of the lower regiment would be appointed by the Pro- 
vincial Congress or committee of safety. 

To accompany this manifestation of the views entertained by 
the chief men of the province, a letter exhortatory in tone and 
earnest in phraseology was, on the 19th of January, addressed 
to the committee of Cumberland county. Sorrow on account of 
the "jealousies and divisions" which disturbed the county was 
plainly expressed in this communication, and surprise was shown 
that greater readiness had not been evinced to engage in behah" 
of the cause of American liberty. " We entreat, we pray, and we 
obtest you," wrote the provincial committee, " as you tender not 
only 3'our own welfare and happiness, but also the success of the 
American colonies in their present struggle for liberty, that you 
exert yourselves to put an amicable period to all dissensions in 
your county, and bring about a perfect union among the inha- 
bitants ; and for this purpose that you cause a large, resj^ect- 
able county committee to be elected in your county, if that has 
not already been done. Let every son of freedom employ his 
utmost effijrts that our attachment to the rules of Congress, our 
military subordination and skill, according to their plan and 
directions, and our attachment to good order and government 
may distinguish us from our enemies, as much as the glorious 
cause we are engaged in." Dr. Spooner, having obtained leave 
of absence, was directed to carry this letter to his constituents, 
and was also desired to deliver the commissions to those per- 
Bons to whom they had been assigned. Supplied with money 
from the treasury of the Provincial Congress, he departed, on 
the 10th of Januaiy, in the hope of being able to " restore una- 
nimity and harmony" among those whom he represented.* 

Tlie spirit which had actuated the conduct of the people west 
of the Green mountains, previous to the year 17Y5, and which 
for more than a year had lain dormant, began now to manifest 

* Journal N. T. Prov. Cong., I 237, 238, 242, 243 ; iL US. 



254 HISTOET OF EASTERN VEEMONT. [1776. 

its presence in a less violent but more determined manner. A 
convention was called at Dorset, on the 16tli of January, for tlie 
purpose of proposing and adopting measures to advance the 
interests of those dwelling between Lake Champlain and Con- 
necticut river. But few, if any, from either Cumberland or 
Gloucester county were present. A petition addressed to John 
Hancock, the President of the Continental Congress, was pre- 
pared, and persons were appointed to carry it to Philadelphia. 
The boon sought for by the petitioners, was that they might be 
ordered to " do duty in the Continental service if required," as 
inhabitants of the New Hampshire Grants, and not as inhabit- 
ants of the Province of New York, or as " subj ect to the limi- 
tations, restrictions, or regulations," of the militia of that pro- 
vince."^ 

Soon after the views of the Provincial Congress had been 
made known in Cumberland county, a convention of the town 
committees of safety was called at Westminster, on the 1st of 
February, and Benjamin Carpenter, of Guilford, was placed in 
the chair. The meeting was conducted in such a manner as 
was deemed most suitable for establishing "peace, harmony, 
and unanimity," in the county. The field-officers for the lower 
regiment were selected, and in making the choice, regard was 
had to the conduct which the candidates had displayed when the 
disposition to be freed from the encroachments of Great Britain 
became first apparent. A few days later, returns were made to 
Benjamin Carpenter from several of the towns in the southern 
part of the county, of the election of militia officers, and this 
information was, on the 6th of February, communicated to the 
Provincial Congress. f 

The delegates from Cumberland county to the Provincial 
Congress, which assembled in February, 1776, were, Col. Joseph 
Marsh, of Hartford, and "William "Williams. The former was 
absent during the whole of the session, and the latter did not 
present himself at New York until the 24:th of February. The 

* This petition was read in Congress, on the 8th of May, and was referred to a 
committee for examination. Their report, read on the 30th, recommended sub- 
mission to the government of New York for the present, and at the close of the 
war, a reference of the whole subject to proper judges, whose determination 
should be final and conclusive. Permission was granted to Heman Allen, on the 
4th of Jime, to withdraw the petition. — Journals Am. Cong., i. 337, 360, 364. 
Slade's Vt. State Papers, pp. 61-65. 

f See Appendix, containing a List of the Civil and Miutabt Officers op 

CUMBEELAND AND GLOUCESTER CoUNTIES. 



17Y6.] A LOAN. 255 

nominations of field and militia officers wliicli had been made 
botli by the representatives of the people of Cumberland, and bv 
the people themselves, having been presented by him, on the 26tli 
of February, were received and approved of, and, on the 1st of 
March, commissions were ordered to be issued for those persons 
whose names had been returned. He was also the bearer of a 
letter from the county committee of safety, in which they avowed 
their inability to fui'msh their delegate with the money " neces- 
sary to supply his present necessities." In this emergency, 
Peter Van Brugh Livingston, the treasurer of the Provincial 
Congress, was ordered to " advance on loan to Major "William 
"Williams, on the credit of the Cumberland county committee, 
in general, and of Benjamin Carpenter, the chairman of the said 
committee, in particular, and Major "Williams therein named, 
the sum of £40, to be repaid in such manner as this or some 
future Provincial Congress or committee of safety shall direct." 

The sum of £4,800 was, on the 13th of March, distributed 
among the diflferent counties, as a loan, to enable them to defray 
the expenses contingent upon war and government. The share 
of Cumberland county was but £100, and from this sum the 
£40 which had been advanced to Major "Williams, and the £20 
which Dr. Spooner had borrowed on a former occasion, were 
deducted.* 

Although several attempts had been made to choose officei^s 
for the brigade which comprised the counties of Cumberland, 
Gloucester, and Charlotte, yet these attempts had thus far 
proved futile. As a last resort, a circular letter was sent to the 
committees of safety in each of the three counties, notifying the 
time and place of a meeting for the purpose of completing the 
general military organization of that section of the province. 
Three representatives from each of the committees of safety 
of the two first-mentioned counties were in attendance at 
"Windsor on the 22d of May, the day specified in the notifica- 
tion; but no delegates from Charlotte county were present. 
The nominations were made, therefore, by six men, and Col. 
Jacob Bayley, of Kewbury, and Simon Stevens, of Springfield, 
were recommended to the Provincial Congress as worthy and 
acceptable candidates for the respective offices of Brigadier- 
General and Brigade-Major.f It was not deemed proper, 

* Journal N. Y. Prov. Cong., i. 293, 321, 324, 331, 356; ii. 122. 
\ An aeccnnt of this meeting was forwarJed to the Ne\7 York Provincial Con- 
gress, by Col. Joseph Marsh, one of the deputies from Cumberland county. 



256 HISTORY OF EASTERN VERMONT. [1776. 

however, to sanction appointments of so liigli importance -witlioiit 
first obtaining tlie sentiments of all the parties interested. For 
this reason, the Provincial Congress, on the 17th of June, ordered 
a copy of the proceedings of the committees who had made the 
nominations to be forwarded to the committee of Charlotte 
county, with a request that they would return an answer decla- 
rative of their wishes in the premises. Further action was post- 
poned until a reply should be received. The necessity of per- 
fecting the military arrangements of the county was, however, 
apparent. By the late resolves of the Continental Congress, 
New York had been ordered to raise three thousand men to 
reinforce the American army in her own province, and seven 
hundred and fifty to reinforce the army in Canada. Of this 
latter number, the Cjuota assigned to Cumberland county, on 
the 7th of June, was one hundred and twenty-five, and to Glou- 
cester, seventy-five. To hasten the work of enlistment, a bounty 
of $4: each was, on the 9th, offered to the non-commissioned 
officers and privates of the battahons which were to be sent to 
Canada. The money intended for this purpose was placed by 
the treasurer of the Provincial Congress, in the hands of a 
committee of payment,* 

In perusing the history of the counties, towns, and villages 
of the American colonies, during the earlier period of the 
revolutionary war, one is often inclined to inquire as to the 
manner in which civil government was conducted, and the 
means which were taken to enforce the execution of laws in 
the absence of executive power. The object of the American 
people in opposing Great Britain, it may be answered, was to 
free themselves from an unjust government, not to shake off" or 
disown the obligations of law, morality, or religion. "When the 
majority of the inhabitants of a village, town, or county had 
declared their unwillingness to obey rulers appointed by the 
King or subject to his dictation, village inspectors were elected, 
and town and county committees of safety were chosen. To 
them questions were referred, which in a better regulated state 
of society would have been presented in a court of law. By 
their decisions there was generally a readiness to abide. If 
any one wished to appeal to the bar of public opinion, his fel- 
low-townsmen were sure to decide the appellant's case by the 
principles of equity rather than of law. 

« Journal N. Y. Prov. Cong., i. 483, 488, 496 ; ii 201. 



1776.] 



MEETING OF THE COMMITTEE OF SAFETY. 



257 



In Ciimberlcand county the people of each town chose their 
own committee of safety, and each town committee sent dele- 
gates to sit in the committee of safety for the county. In this 
manner had the affairs of the county been conducted for more 
than a year. At the meeting of the county committee held at 
Westminster in the court-house, which continued from the 11th 
to the 21st of June, 1776, thirty-four delegates from twenty 
towns were in attendance.* Capt. James Clay was placed in the 
chair, and Dr. Elkanah Day was chosen clerk. Business which 
had been laid on the table at previous meetings was on this 
occasion taken up and received final action. One man, who 
had been abusing his neighbor's wife, was by the decree of the 
committee committed to prison. Another, who like a second 
Naboth was suffering from the covetousness of some townsman 
Ahab, was quieted in the enjoyment of his possessions. Persons 
of doubtful political principles were examined, and disputes 
between contending parties were settled. Ignoring the princi- 
ples of democratic equality, the committee resolved that every 
person who bore the suffix of " Gentleman," by civil or mili- 
tary commission, should be exempted from " general training." 
The public accounts of the county were examined by a sjjecial 
committee. An attempt was made to improve the condition 
of the treasury by urging upon the collectors of taxes the im- 
portance of attending to their duties. The real estate of every 
male between sixteen and sixty was estimated at ten pounds. 



* Brattleborough, 
Chester, 
Draper, 
Dummerston, 
Guilford, 
Halifax, 
Hertford, 
Hinedale, 
Kent, . 
Marlborough, 
Newfane, 
Pomfret, 
Putney, 
Rockingham, 
Springfield, 
Townshend, 
Weathersfield, 
Westnainster, 
Windsor, 
Woodstock, . 



Isi'ael Smith, John Sergeants. 
John Chandler, George Earl. 
Elijah Alvord, John Gibbs. 
Joseph Hildreth, Ebenezer Haven. 
Israel Gurley, Samuel Nichols 
William Williams. 
Jonathan Burk. 
John Bridgman, Arad Hunt. 
Edward Aiken, 2d. 
Jonathan Warren. 
Luke Knowlton. 
John Winchester Dana. 
James Clay, Lucas Wilson. 
William Simons, Ebenezer Fuller. 
Simon Stevens, Jerathmiel Powers. 
Joseph Tyler, Samuel Fletcher. 
Israel Burlingame, William Upham. 
John Norton, Elkanah Day. 
Ebenezer Hoisington, Ebenezer Curtis. 
John Strong, Benjamin Emmons. 

17 



258 HISTORY OF EASTERN VERMONT. [1776. 

Persons were aj)pointed to ascertain the valuation of the sale- 
able estate of each town, and make return thereof. Commit- 
tees were chosen to draft replies to letters which had been re- 
ceived from the Provincial Congress, and to carry into execu- 
tion the resolves which had passed that body relative to the 
militia of the province. An unsuccessful attempt was made to 
re-imprison some of the persons who had been engaged in the 
" Westminster Massacre," and had been released under bonds ; 
and other matters, some trivial and many important, occupied 
the attention of the county committee of safety. 

Measm-es were also taken to perfect the organization of the 
minute-men of the county, and to raise soldiers for the Canada 
service. To effect the latter object the colonel of the lower 
regiment, and one sub-committee man from each town compre- 
hended in that regiment district, were desired to assemble and 
appoint one captain and two lieutenants, as officers of such men 
as might enlist for the northern expedition. A similar request 
was also proffered to the colonel of the upi^er regiment, and times 
and places for meeting were agreed upon. In compHance with 
the requisition contained in a handbill directed to the committee, 
an election for delegates to the New York Provincial Congress 
was held at the same time, and Joseph Marsh, John Sessions, 
and Simon Stevens were chosen to represent the county from 
the second Monday in July following. Ebenezer Hoisington, 
John Sergeants, and John Chandler, who had been previously 
appointed to prepare instructions for the guidance of the dele- 
gates, then presented their report, which was read by para- 
graphs, and deliberately adopted as expressive of the sentiments 
of the committee and of the people whom they represented. 
The instructions were in these words : — 

" Gentlemen, — Having received a handbill from the Honour- 
able Provincial Congress, recommending to the inhabitants of 
the county to choose delegates and invest them [with] power 
to establish a form of government, &c.. We, the committee 
for this county, being warmly attached to the noble cause of 
liberty, and ardently desirous to have the foundation of govern- 
ment so laid, that the liberties of the people, both civil and 
religious, may forever remain sacred and inviolate — we tlimk 
it our indispensable duty to give you the following instruc- 
tions ; and reposing the highest confidence in your honour and 
integrity, do rely upon it, that you will, to the utmost of your 
power, endeavom' to carry the same into execution. We trust 



1776.] msTKucTioNS to the delegates. 259 

the Honourable Congress will be very far from passing ceusm-e 
on us for being thus jealous of our liberties, especially when 
they consider that in times past this county has been much 
imposed upon, in having certain foreigners put into high places 
of emolument and honour, to the great grief of virtuous and 
honest men. 

" First ; we instruct you to use your influence to establish a 
government in this colony agreeable to the maxim, viz. that all 
civil power (under God) is originally in the people, and that 
you in no instance, in your publick capacity, will do anything 
to abridge the people of this fundamental right. "VVe further- 
more beg leave to say that, in om* opinion, the representatives 
duly chosen in the several counties in this colony, when con- 
vened at Kew York, to all intents and purposes have full 
power of legislation, and that it would greatly abridge the peo- 
ple of their right should the representatives presume to make 
choice of a Governor [and] Lieut.-Governor to act and transact 
business independent of the people. 

" Second ; that you use your best influence in Congress to 
adopt such a code of laws, whereby the liberty, property, and 
everything dear to the inhabitants of this colony and America 
in general, shall be founded on a permanent basis — a few of 
which laws, we humbly beg leave to suggest, might be made or 
enacted, viz. laws for establishing religion and Hterature so that 
ministers of the gospel may be supported, and schools set uj), 
which must have a tendency to promote virtue and good 
manners. 

" Third ; we think it would much conduce to the happiness of 
this county, to have a court of justice, as soon as may be, pro- 
perly organized, to take cognizance of all criminal actions. At 
tlie same time, we desire that men of character, integrity, know- 
ledge, and virtue, who belong to our own county, may sustain 
the oflices in such an important department. The ancient trial 
by jury we have a great veneration for. It is a noble barrier 
against tyranny. In order that our future courts may be sup- 
plied with grand jurors, we humbly request that the Honoura- 
ble Congress would adopt the following method for this county, 
viz. that each town through the county at their annual meetings 
shall elect their proportion of men who shall serve as grand 
jurors the ensuing year, and that their names shall be proj)erly 
returned in the clerk's ofiice, in order that the jury when so 
chosen may inform the advocates who shall prosecute criminal 



260 HISTORY OF EASTERN VERMONT. [1Y76. 

actions, of all misdemeanors in the county, passing witliin their 
knowledge. The petit jurors, in like manner, we would be glad 
might be chosen annually, and that their names being em-olled 
may be returned in the clerk's office, and when so returned may 
be drawn by lot for the service of the ensuing year. The gen- 
tlemen of the law (if they should be thought necessary) we 
hope may be men of integrity, learning, and ability. In a par- 
ticular manner we desire, and insist on it, that no freeholders or 
men of interest in a civil action on the first process shall be 
apprehended by capias.^ but that they may be summoned ac- 
cording to ancient usage ; excepting under certain circum- 
stances, when there is not a sufficiency of estate to answer debt 
and cost ; that constables as well as sheriffs may have power to 
serve all processes ; that all deeds may be recorded by the town 
clerk in each town ; that attorneys' fees and all other exorbi- 
tant fees maybe lowered and reduced to the standard of justice. 

" Lastly ; we beg leave to suggest that, in our opinion, a fre- 
quent change of magistrates tends to prevent corruption, and 
keep up that equality of mankind in which by nature we are 
all formed. Tlierefore, we humbly request we may be indulged 
in this particular. AVe desire that each town in this county 
may nominate their own justices, and that they may not be 
appointed without such nomination. Tliat justice, religion, and 
vii'tue may prevail in this colony, and that peace and tran- 
quility may be restored through America, is the sincere d^ire 
of the committee of safety for Cumberland county."* 

Such were the terms in which were conveyed ideas, honor- 
able both to those who suggested and to those who adopted 
them — ideas, which, in their execution, contemplated the es- 
tablishment of those principles which regulate communities 
and exalt nations. Another important topic discussed on this 
occasion, was that relative to the right of the New Hamp- 
shire Grants to secede from New York. Several of the mem- 
bers, representing a large constituency, favored a union with 
Massachusetts. Owing to this cause, a letter addressed to 
the members of the Provincial Congress was prepared on the 
21st of June, and the representatives of the county were 
desired to deliver it at New York. The views advanced in 
this communication were expressed in these words : 

* MS. records Cumberland Co. Com. Safety. la connection with the propo- 
sitions suggested by the committee of safety and narrated in the text, they also 
expressed a desire that a court of Probate might be established in the county. 



1776.J LETTER TO THE PKOTINCIAL CONGRESS. 261 

" Upon the receipt of handbills from you, sent to us, purport- 
ing the expediency of instituting civil government according to 
the exigencies of the county, the major part of the people have 
agreed thereto, and have elected their delegates, and empow- 
ered them with their authority, to agree with you in forming a 
mode of government independent of the Crown, in the most 
mild, just, and equitable manner possible, for regulating their in- 
ternal police, and for the preservation of the rights, liberties, and 
property of the people. Tliis power is subjected, nevertheless, 
to those regulations, conditions, and restraints herewith trans- 
mitted you by the hands of the delegates of this county ; to all 
which they are, by their constituents in the premises, limited 
and restrained in such manner, that if they break over and vio- 
late those sacred instructious herewith sent you in behalf of us 
and our constituents, in matters of such infinite importance and 
delicacy, the county committee declare, in behalf of the free, 
patriotic people thereof, that they mean to, and hereby do 
resolve, to reserve to themselves the full liberty of an absolute 
disavowance thereof, and of every clause, article, and para- 
graph of such an institution. 

" Also, it is hereby Receded to, and fully meant and intended 
by the good people of the county, that they, notwithstanding 
this compliance with the requisition of the said handbills above 
mentioned, so directed to us for the purposes aforesaid, have 
fully and absolutely resei'\'ed to themselves and their heirs, &c., 
the full Hberty of pursuing their former petition in behalf of 
the people, prepared some years ago, and referred to the great 
and General Assembly of the ancient, ever respectable, and 
most patriotic government of the Massachusetts Bay province, 
that the whole district described in the said petition, may be 
hereafter reunited to that province ; and reserving to themselves 
also the right of oflfering their pleas, arguments, and proofs, in 
full, to eifect a reunion thereof, to that ancient jurisdiction, for 
those important reasons to be adduced when, where, and before 
whom the parties concerned shall be admitted to ofter the 
same." 

This letter was signed by James Clay, chairman of the com- 
mittee, and was attested by the clerk. As soon as the majority 
of the members had assented to it, Elkanah Day, John Bridg- 
man, and John Norton, entered their protest against the decla- 
rations and assertions which it embodied ; and when, shortly 
after, it was carried to New York, their names appeared among 



262 HISTORY OF EASTERN VERMONT. [1TT6. 

the opposition. Both of these productions, neither of them 
especially remarkable for beauty of expression or grammatical 
accuracy, were of great weight in regulating the future conduct 
of the Provincial Congress, with respect to Cumberland and 
Gloucester counties.* 

At another meeting of the committee, which commenced on 
the 23d of July and ended on the 26th, the attendance was not 
as great as on former occasions. Eighteen delegates were pre- 
sent from fifteen towns. Several questions respecting the well- 
being of the county were entertained. Some of them received 
final action. The further consideration of others was postponed. 
In a case of bastardy which was reported to the committee, the 
defendant gave bonds in the sum of £50 to answer the com- 
plaint which would be made against him at the expiration of 
a certain specified time. One man who had been arrested, 
charged with counterfeiting the colonial bills, was released. 
Another, who had been imprisoned for the same crime, was 
tried, and, although not declared guilty, the circumstances con- 
nected with the case were ordered to be published in " the 
gazette," and the prisoner was required to discharge the costs 
of the suit as the condition of his release. The words, "paid 
up," which appear at the foot of the record, are evidence that 
the prisoner was glad to escape on the terms prescribed. To a 
widow who sought to be avenged of her adversary, the com- 
mittee lent a willing ear and a helping hand. The doughty old 
soldier of Dummei-ston, Lieut. Spaulding, was cited to answer 
" for his conduct in taking Col. Wells by military force, that 
mode of proceeding being contrary to the minds" of the com- 
mittee. Polite and valiant, his apologies were ample, and the 
complaint was dismissed. To ensure safety, a quantity of 
powder which had been lately received, was deposited in one 
of the jail rooms of the court house, and a sergeant and four 
privates were detailed to guard it by night, and a sergeant and 
two privates by day. That they might not want, " Necessary 
vittling and half a pint of rum to Each man once in twenty- 
four hours" were supplied. When a proportionate division of 
the powder was ordered, it was ascertained that the share of the 
lower regiment was eleven hundred and ninety pounds, and 
of the upper regiment, six hundred and ten pounds.f Tlie detec- 

* Journal K Y. Prov. Cong., i. 587 ; ii. 272. 

f From this statement, it would seem that the committee of safety were in 
possession of eighteen hundred pounds of gunpowder. The quantity appropriated 



1776.] THE NEW YOEK PROVINCIAL CONGEESS. 263 

tion of spies and informers being regarded as especially desir- 
able, " the "Utmost protection" of the committee was promised 
to the person who should give information of " any criminal 
correspondence" carried on between any of the inhabitants of the 
county " and the King's officers in the army at Canada." From 
the abstract of the records of the county committee of safety 
which has been . given in the preceding pages, an idea may be 
formed of the powers which were lodged in that body ; powers 
civil, military, legislative, executive, and judicial.* 

At the commencement of the session of the New Tork Pro- 
vincial Congress, on the 9th of July, Simon Stevens and John 
Sessions were in attendance. They were afterwards joined by 
Joseph Marsh, and Cumberland county was for several months 
well represented in the Congress. During the remainder of the 
year, the meetings of the Congress were rotatory. Yielding to 
the necessity of the times, the members assembled either at 
White Plains, " in the church at Harlem," at Kingsbridge, " at 
the house of Mr. Odell" on Philipse's Manor, or in the Episcopal 
or Dutch church at Fishkill, these being places which afforded 
the greatest facilities for the transaction of business, and at the 
same time permitted communication with the American army. 
On the second day of the session, the title of the body was 
changed by a resolution, from that of " The Provincial Congi'ess 
of the Colony of ISTew York," to that of " The Convention of 
the Representatives of the State of New York." Tliis alteration 
was adopted to prevent the recurrence of mistakes which had 
already been made by confounding the Congress of New York 
with the Congress of the United States. It was also significant 
of the times, for the idea of subjection conveyed by the word 
colony was not to be found in the word state, and the dropping 
of the word provincial, removed whatever else there was in the 
former name suggestive of the supremacy of Great Britain. 

Supplies of gunpowder had abeady been voted to Cumber- 
land and Gloucester counties. For the purpose of rendering 
their situation more secure, the Convention directed the com- 
missary, Peter T. Curtenius, to deliver to John Sessions, three 

to Cumberland county by the New York Provincial Congress, on the 30th of 
June, 1776, was ten barrels, of one hundred and fifty pounds each, and to Glouces- 
ter county, on the same occasion, ten barrels of one hundred pounds each. Under 
date of July 10th, 177G, it was stated that Col. Marsh would convey the powder 
to its destination, " via Connecticut river." — Journal N. Y. Prov. Cong., L 611, 519. 
* MS. records Cumb. Co. Com. Safety. 



264 msTOET OF eastern veemont. [1776. 

thousand pounds of lead for the use of the county of Gloucester, 
and four thousand five hundred pounds of the same metal for 
the use of the county of Cumberland. Mr. Sessions was desired 
to forward the lead to the general committees of the two coun- 
ties " in the most safe and expeditious manner," and the com- 
mittees were required " to attend carefully to the disposition" of 
this supply among the militia for whose use it was intended.* 
Attention was then directed to the adoption of means for de- 
fending the northern and western portions of the state. Exposed 
to the inroads of the Indians, some of the inhabitants of the more 
distant sections of Albany county, and many of the inhabitants 
of Tryon, Charlotte, Gloucester, Cvnnberland, Ulster, and Orange 
counties, had already removed into the interior, and others were 
preparing to change their place of residence as soon as they 
could select more secure localities. To prevent these removals, 
and to afibrd protection against the savages, the Convention re- 
solved, on the 23d of July, to raise ranging parties in the above 

* Of the value of lead during the revolution, and of the means ■which were 
sometimes resorted to, to procure it, some opinion may be formed fi'om the 
annexed extracts, from the Journal of the New York Provincial Congress : 

"March 25th, 1776. Ordered, That Mr. Samuel Prince be and he is hereby 
authorized to employ proper mechanics for that purpose, and to take the leads 
out of the ■window-cases of the City Hall of this city, and also out of the Exchange 
in this city of New York ; to keep an account of the weight of lead taken out 
of each building separately, that the weight of lead taken out of each may be 
known, and that Mr. Prince cause the said lead to be delivered to Mr. CurteniuB, 
or his order." i. 384. 

" June 29th, 17*76. "Whereas, it has been represented to this Congress that lead 
will speedily be wanted for the use of the army in the defence of this city and 
Colony : Therefore, 

" Resolved, That Messrs. Daniel Dunscombe and Samuel Prince be requested and 
authorized, and they are and each of them respectively is hereby authorized, and 
empowered, and requested to take to their assistance such persons as they may 
think proper, and forthwith to cause all the lead of the windows in this city, and 
also all the leaden weights, (except such small weights as are in use in the course 
of trade,) to be collected and delivered to Peter T. Curtenius, Esqr., for the use 
of this Colony, taking his receipt for the same ; that a particular account be kept 
of the lead taken out of each house, in order that the respective proprietors may 
receive compensation for the same." i. 511. 

"July 11th, 1776. Resolved, That the generalcommitteeof the county of Tryon, 
be and they hereby are authorized and requested to employ proper persons to 
take the leaden weights out of all the windows in the said county, and apply so 
much thereof as may be immediately necessary, to the use of the militia of the 
said county ; that an exact account be kept of the quantity taken from each house, 
to the end that payment may be hereafter made for the same ; and that the said 
committee do transmit an account thereof to this Convention ■with all convenient 
speed." i. 521. 



1776.] ORGANIZATION OF HANGING COMPANIES. 265 

named counties, to scour the woods and expel the Indians who 
infested them. Cumberland and Gloucester were ordered to 
raise, together, two hundred and fifty-two men, "for the joint 
defence of both counties." This force was to be divided into 
four companies, and each company was to consist of one captain, 
two lieutenants, three sergeants, three corporals, and fifty-four 
privates. The commissioned officers were to be nominated by 
the mutual consent of the committees of both counties, and it 
was recommended that they should be " persons of sober and 
active dispositions." The command of the companies was vested 
in a major, to be appointed by the Convention. This oflicer was 
required to " march to the relief of any of the neighboring conn- 
ties or states, upon a mutual application from the county commit- 
tees of such respective counties or states, or upon an application 
from the continental ofiicer commanding in the northern depart- 
ment." A provision was, however, inserted, by which " the con- 
tinental ofiicer" was not permitted to order the companies beyond 
the limits of the counties of Cumberland, Gloucester, and Char- 
lotte. Tlie pay of the ofiicers and privates was the same as that 
of the continental troops. A bounty of $25 was allowed to each 
non-commissioned ofiicer and private " upon his passing muster."* 
In lieu of rations, a certain sum was paid, weekly, in the follow- 
ing ratio. To each captain, 16s. ; to each lieutenant, 14s. ; and 
to each non-commissioned officer and private, 10s. Tlie officers 
and privates were required to furnish themselves each, " with a 
good musket or firelock, powder-horn, bullet-pouch and toma- 
hawk, blanket and knapsack." Such were the more striking 
features in the organization of the ranging companies, as after- 
wards established in the counties of Cumberland and Gloucester. 
Tlie plan adopted for the other counties in the state, did not 
dififer from that above detailed, except in a few unimportant 
particulars. On the day following the passage of these mea- 
sures, Joab Hoisington, of Windsor, on the recommendation 
of the members from Cumberland county, was unanimously ap- 
pointed by the Convention to the office of " major of the rangers," 
and the secretary was ordered to prepare his commission.f 

* By a subsequent resolution, one half of this sum was to be paid " to every 
able bodied man" who should pass muster ; the other half as soon as " the first 
muster roll of every company " should be received by the Convention. For the 
payment of the first half of the bounty, the sum of £1200 was advanced to the 
deputies of Cumberland county. — Journal N .Y. Prov. Cong., i. 639, 640. 

f As the style of this commission is somewhat novel, a copy of it is here 
inserted. 



266 HI6T0ET OF EASTERN VERMONT. [1776. 

In consequence of this organization, the Convention ordered 
Mr. Ciirtenius to dehver to Messrs. Marsh, Stevens, and Ses- 
sions, " for the use of the rangers and inhabitants" of Cumber- 
land and Gloucester counties, the supply of lead which had 
been previously allotted to these counties. Tlie deputies were 
also supplied with two thousand flints, and the treasurer of the 
state M'as directed to advance the sum of seventy pounds to 
enable those gentlemen to transport the lead and flints to the 
counties for which they were intended. By the provisions of 
the mihtia bill, passed on the 22d of August, 1775,* the sixth 
brigade of the militia of the province comprised the counties 
of Charlotte, Cumberland, and Gloucester. For the conve- 
nience of all concerned, this brigade was divided and another 
arrangement was effected. The militia of Charlotte county 
were formed into one brigade, and the militia of Cumberland 
and Gloucester into another. Of the latter Jacob Bayley, of 
Xewbury, was appointed brigadier-general, and Simon Stevens, 

" In Convention of the Representatives 
of the State of New York. 
" To Joab Hoisington, Esqr., Greeting : 

" Whereas, this Convention did on the 23d day of July inst. direct and order 
the raising and embodying two hundred and fifty-two men, officers included, in 
the counties of Gloucester and Cumberland, for the joint defence of both coun- 
ties, and of the neighbouring counties and States, to be divided into four compa. 
nics, to be under the command of a major : 

" Now, therefore, we, the representatives of the State of New York, reposing 
especial trust and confidence in your patriotism, martial valour, vigilance, conduct, 
and fidelity, do by these presents constitute and appoint you to be major of the 
said four companies of rangers, so to be raised as aforesaid, for the defence of Ame- 
rican liberty, and for repelling every hostile invasion thereof You are, therefore, 
carefully and diligently to discharge tlie duty of major by doing and performing 
all manner of things thereunto belonging ; and we do strictly charge and require 
all officers and soldiers under your command to be obedient to your orders as 
major; and you are to observe and follow such orders and directions from time to 
time as you shall receive from this or a future Convention of the State of New 
York, or the Congress of the United States of America, or Commander-in-Chief 
for the tune being of the army of the United States of America, or any other, your 
superior officers, according to the rules and discipline of war, in pursuance of the 
trust reposed in you. 

" This commission to continue in force until the end of tlie present war, unless 
sooner revoked by the Congress of the United States of America, or the Conven- 
tion or Legislature of the State of New York. 

" Dated at White Plains, in Westchester county, the twenty-fourth day of July, 
one thousand seven hundred and seventy -sis. 

" By order of the Convention." 
— Journal N. Y. Prov. Cong., i. 540, 541. 

* See ante, p. 249. 



1776.] JOINT MEETING OF COMillTTEES. 267 

of Springfield, major.* Altlioiigli, on account of their poverty, 
the inhabitants of Cumberland county were unable to give but 
little pecuniary assistance towards cariying on the war, yet the 
state of New York did not on this account withhold from them 
her aid. Tlie return which they made by levies of men was, it 
is true, a partial recompense for the means of defence witli 
which they were furnished. But there was wanting on their 
part the sj)irit of hearty co-operation, a spirit without which 
division is made certain and defeat invited.f 

As soon as the resolutions of the Convention in regard to the 
ranging companies had been officially published, a joint meet- 
ing of the committees of Cumberland and Gloucester counties 
was notified for the purpose of nominating the commissioned 
officers. Pursuant to the notification, thirteen members of the 
two committees assembled at the town-house in Windsor on 
the 6th of August. In settling preliminaries, it was agreed that 
three of the captains and four of the lieutenants should be 
inhabitants of Cumberland county, and the remainder, one 
captain and four lieutenants, from Gloucester county. The ap- 
pointments from the former county having been made, it was 
thought best, on account of the small attendance from Glou- 
cester county, to call another meeting before completing the list 
of officers. This sentiment was favorably received, and a com- 
mittee of four from Cumberland county were instructed to 
co-operate with the general committee of Gloucester county in 
making the remaining nominations. In the course of the fol- 
lowing week the business was completed, and return was made 
to Major Iloisington that he might obtain the necessary com- 
missions from the New York Convention.;}: 

* The original MS. commission of Major Simon Stevens, is now in the possession 
of the Hon. William M. Pingry. 

\ Journal K Y. Prov. Cong., i. 515, 519, 521, 538-540, 543, 551, 552. 

^ Much dissatisfaction seems to have prevailed at the time as to the manner in 
■which the meeting at Windsor vras conducted. By the records of the committee 
it appears that thirteen members were present. Another account states that ten 
only were present, of which number nine were from Cumberland, and one from 
Gloucester county. James Clay, who was chairman on the occasion, was iinwill 
ing to proceed with business, not only on account of the smallness of the attend- 
ance, but also on account of the shortness of the time, six days, which had inter- 
verned between the time of notification and the time of meeting. These objec- 
tions were, however, overruled by Major Hoisington, who declared that a quo 
rum was not necessary to transact the business for which they had assembled. 
The title of Major, it is evident, was peculiarly flattering to the vanity of Hoi- 
eington. The power with which it invested him, namely, the direction of two 



268 HISTORY OF EASTERN VERMONT. [1776. 

Tlie dissatisfaction with the jurisdiction of ISTew York, which 
on the western side of the Green mountains had again become 
prevalent, was now beginning to show itself in another quarter. 
At a meeting which had been held at Dorset, on the 24:th. of 
July, on which occasion fifty-one delegates from thirty-five 
towns were present, a resolution had been passed, one member 
only dissenting therefrom, that "suitable applications" should 
be made to obtain the formation of the New Hampshire Grants 
" into a separate district." By another resolution, a committee 
had been appointed " to treat with the inhabitants on the east 
side the range," for the purpose of obtaining their consent to 
this project. An association had been formed, expressive of 
the views of the mountaineers on the subject of the war, and 
an adjourned meeting had been agreed on.* 

When the committees of Cumberland and Gloucester counties 
assembled at Windsor, on the 6tli of August, as previously men- 
tioned, to nominate oflicers for the ranging companies, Heman 
Allen, Jonas Fay, and William Marsh, the Dorset committee, 
were also present. Various papers were read by them bearing 
upon the subject of a separate jurisdiction ; the boundaries of a 
new state were described ; and the approbation of the commit- 
tees was sought to the projects of the Dorset convention. In 

hundred and fifty-two men, led him to utter many indiscreet words, and to per- 
form not a few injudicious actions. When, on one occasion, he received orders 
from General Gates, to the effect that Capt. Wait's company, belonging to the 
ranging service, should .guard the Crown Point road, which extended from Con- 
necticut river to Lake Champlain, he replied, falsely, that the rangers were not 
raised for such service, and, disregarding the order, wrote for his men to march 
immediately to Newbury, where he was then stationed. 

The names of the officers nominated to take the command in the ranging ser- 
Tice were read in the New York Convention on the 26th of September, 1776, and 
were before the house several days. On the 10th of October commissions were 
granted, and on the 23d the ofiicers were "sworn to the faithful discharge" of 
their respective duties. — MS. Records Cumb. Co. Com. Safety. Miscellaneous Pa- 
pers in office See. State N. Y., xxxiv. 587 ; xxxv. 315 ; xxxvi. 191, 205, 206, 212, 
213, 218, 239. Journal N. Y. Prov. Cong., i. 646, 647, 659, 669; ii. 214, See 
Appendix, containing a List of the Civil and Military Officers of Cumbeeland 
AND Gloucester Counties. 

* The agreement entered into on this occasion was in these words : — 
" We, the subscribers, inhabitants of that district of land commonly called and 
known by the name of the New Hampshire Grants, do voluntarily and solemnly 
engage under all the ties held sacred among mankind, at the risk of our lives and 
fortunes, to defend by arms the United American Colonies against the hostile 
attempts of the British fleets and armies, until the present unhappy controversy 
between the two countries shall be settled." — Journal N. Y. Proy, Cong., iL 311 
MS. Records of Chester. 



1776.] VAEIOUS TOWN-MEETINGS. 269 

support of the proposed measures Mr, Allen told Mr. Clay that 
he had consulted with several members of the Continental Con- 
gress who had recommended to him and his coadjutors to ascer- 
tain the feelings of the people concerning the formation of a new 
state. He also reminded him, that if the inhabitants of the 
" Grants" should accede to the form of government which would 
soon be adopted for the state of New York, they would have no 
opportunity to withdraw their support therefrom at a future day. 

For the purpose of ascertaining the views of those residing 
east of the Green mountains, upon the measures suggested by 
the committee from the Dorset convention, the people in each 
town were invited to assemble in town-meeting and express 
their opinion as to the course which they should deem it best 
to pursue. In Rockingham, on the 26tli of August, the inha- 
bitants voted " to associate with the inhabitants of that district 
of land commonly called and known by the name of the New 
Hampshire Grants." They also chose two delegates to attend 
the convention to be held at Dorset in the fall, and instructed 
them "to use their best influence" to obtain the passage of 
such resolves as would tend to establish the "Grants" as a 
separate and independent state. At " the fullest meeting ever 
known in Chester," held on the 2d of September, similar mea- 
sures were adopted, and the association which had been formed 
at the Dorset convention, was signed by forty-two of the inha- 
bitants. A like spirit pervaded many of the other towns in 
the two counties. In some, however, there were two parties, 
and in a few, as in Halifax, where the inhabitants voted not to. 
send a delegate " to meet the Green Momitain Boys," no dis- 
position was shown to throw off the jurisdiction of New York. 

At the adjourned convention, which was held at Dorset on 
the 25th of September, representatives were present from both 
sides of the mountains. Loyalty to American principles, as 
embodied in the Eevolution, animated the discussions which 
took place, and gave character to the measures which were 
proposed. Yet, while declaring their determination to support 
the general government of the United States, the members 
resolved that "no law or laws, direction or directions" from 
the state of New York would be accepted by them, or be 
regarded by them, as of the least weight or authority. The lit- 
tle leaven of dissatisfaction had worked its effect in silence, 
and the whole lump was fast becoming assimilated.* 

* Miscellaneous Papers, iu office Sec. State N. Y.. xsxvi. 193, 197, 233. Jour- 



270 mSTOKY OF EASTERN VERMONT. [1776. 

"Wliile the iuliabitants of Cumberland county were thus wa- 
vering between' duty and inclination, debates relative to the 
course which it was proper to pursue towards them, occupied 
the time of the Xew York Convention. Major Hoisingtou 
having completed his enlistments for the rangers, sent the mus- 
ter-rolls to the Convention, with a request that the remainder 
of the bounty money then due, together with an allowance for 
rations, and the wages for the first month, might be immedi- 
ately sent forward. Discussions ensued, which were finally cut 
short by a motion, ofiered on the 26th of September, to comply 
with the Major's request. To such a course it was objected 
that the Cumberland county committee of safety had, by their 
letter of the 21st of June previous,* " reserved or pretended to 
reserve to the people of that county a right of seceding from the 
government" of New York ; that the state had " already been 
at great expense " for the county, and that further expenditures 
on its account ought not to be made until the jurisdiction of 
New York should be fully acknowledged by its inhabitants. 
Messrs. Stevens and Sessions were then asked whether, as 
representatives, they acknowledged the jurisdiction of the state 
over the county. Their answer was in the afiirmative. The 
subject was resumed on the 27th, and the examination of the 
deputies was continued. In reply to the interrogatories of the 
Convention, they declared that they were elected by the people 
of the county at large, that the county committee was formed 
by two members sent from each of the town committees, which 
town committees had been chosen long before the late election 
for deputies to represent the county in the state Convention 
had taken place ; that they were " very confident" the county 
committee had no directions or instructions from the people of 
the county to advance such sentiments as were contained in 
the letter of June 21st, or to make such declarations or reserva- 
tions as were therein mentioned, and that that document was 
prepared in order " to prevent auy division in the county, as 
some few towns in the county were opposed to sending deputies 
to the Convention unless with such instructions." For his own 
part, Mr. Stevens stated that he had no particular instructions 
from the people of his town ; that he believed the people of the 
other towns gave none ; that he conceived the credentials from 

nal N. Y. Prov. Cong., ii. 311. Slade's Vt State Papers, pp. 66, 67. Doe. Hist 
N. Y., iv. 923, 924. 

* See ante, pp. 260, 261. 



177G.] REPOKT OF THE COMJSIITTEE. 2Tl 

the county gave liim " full and unrestrained power in forming 
a government," and that he did not consider himself bound to 
abide by the imposed instructions except in cases where they 
agreed with his own judgment, Mr. Sessions also declared 
that he should deem it his duty " to pay regard to his instruc- 
tions so far as to lay them before the House, and obtain a com- 
pliance with them," in so far as they should "appear to be 
right and beneficial." In answer to another question, both 
gentlemen informed the Convention that they did not deem 
themselves required to follow the instructions, when, by pursu- 
ing such a course, injury might accrue to the state, or when a 
majority of the members might declare against the sentiments 
inculcated by them. At this stage of the proceedings the 
Convention were inlbrmed that the committee, who had been 
chosen on the 24th of August to report on the letter of June 
21st, had made no return, and that the greater part of the 
members of that committee were absent. "William Duer, James 
Duane, Zephaniah Piatt, John Sessions, and Simon Stevens were 
thereupon constituted a new committee, and the whole subject 
was referred to them, with a request that they would examine it 
thoi'oughly, and recommend " with all convenient speed" mea- 
sures consistent with the character of the state and the situa- 
tion of the county. To this committee John Jay was subse- 
quently added. 

A detailed history of the course which had been pursued 
towards Cumberland county, in connection -u-itli the establish- 
ment of the ranging companies, occupied the first part of the 
report, which on the 4th of October was submitted to the Con- 
vention. The meaning of the letter of June 21st was also con- 
sidered, and objections were raised against paying the money 
demanded by Major Hoisington. In support of these objec- 
tions it w^as stated that there was no evidence from the muster- 
rolls, which had been returned, that the ofiicers and privates 
tlierein mentioned, had furnished themselves with the accoutre- 
ments required, or that other preliminary matters had been 
legally arranged. The benefits which the state had bestowed 
upon the sparsely-settled county were then recited, and in con- 
tinuation of and enlargement upon this toj)ic, the report pro- 
ceeded in these words : — 

" From this state of facts it appears to your committee that 
the former Congress, and present Convention, have manifested 
the most ready and cheerful disposition to protect the inhabit- 



272 HISTORY OF EASTERN VERMONT. [1776. 

ants of Cumberland, at tlie public expense, in common with 
their other constituents, and without the least partiality or dis- 
tinction. That liberal supplies of men and money, and ammu- 
nition and warlike stores, according to the abilities of the state, 
have been granted them, as soon as their wants have been dis- 
closed. That this committee neither know, nor have heard, of 
the least cause of complaint or uneasiness, that has been given 
to any of those inhabitants by this state, or any under its au- 
thority, during the present contest for our rights and liberties. 

" If under the former government individuals may have been 
injured, it ought to be remembered, that to rescue ourselves 
from the oppressions of that government, the United States of 
America, submitting to all the miseries of war, have asserted 
their independence. It is unquestionable that the jurisdiction 
of this state over the territory which now comprehends the 
county of Cumberland, is coeval with its first formation as a 
colony, under the Crown of Great Britain, and accordingly that 
county was erected, and hath been represented. Laws have 
been passed for its internal regulation, courts established, civil 
and military officers appointed, and many charters for lands 
and privileges confirmed, by the sole authority of New York. 
Your committee, therefore, conceive it to be the indispensable 
duty of this Convention to preserve and maintain their jurisdic- 
tion over the said county, by every wise, steady, and prudent 
measure in their power, at a time when this state is invaded 
and pressed by powerful armies, when our utmost exertions are 
necessary, and we are straining every nerve for the common 
cause of America, for the general defence of this state, and for 
the more immediate defence of the county of Cumberland. 

" At a time when every virtuous member of the community 
is loudly called upon to assist his bleeding country, and har- 
mony and mutual confidence are so essential to our preserva- 
tion, and to the success of the greatest and best of causes — at 
Buch an important and decisive conjuncture, your committee 
cannot but lament that any of the inhabitants of the county of 
Cumberland should sufi:er themselves to be so far misguided as 
to assert a claim and principles subversive to all government, 
derogatory to the dignity, rights, and jurisdiction of this state, 
manifesting an unbecoming return for the assistance and pro- 
tection they have received out of the public treasury of their 
fellow-subjects at large, and implying a latent design, by a 
future separation from the state, to leave the whole burthen of 



17T6.] REPORT OF THE COMMITTEE. 273 

the present cruel and expensive war to be sustained by the 
rest of the community. If the extraordinary injunctions in the 
letter from their committee should be vindicated, it must follow 
that the form of government dictated by a party, from the best 
information, by no means the majority of the county, is to be 
adopted, however injurious to the general interest of this state, 
or disagreeable to other counties, and however unreasonable it 
might, on public debate, appear even to their own immediate 
representatives ; and thus a single county is to control the whole 
state, prescribe its constitution and government, and establish 
its laws on pain of separation. From a parity of reason every 
other county, and even district and town within this state, 
might arrogate the same power, and instead of producing order, 
security, and a wise and permanent government — the great and 
salutary purposes for which this free Convention was elected 
and assembled — anarchy and confusion must be the fatal result. 
Your committee are satisfied, however, that the letter does not 
convey the sentiments of the majority of the good people of the 
county of Cumberland, and that the general committee will, 
upon cool reflection, be at no loss to perceive its want of respect 
to this Convention, and its dangerous tendency not only to the 
state, but to the common cause of America ; and that after a 
deliberate revision they will cordially correct it, and give this 
Convention reasonable assurances of their attachment to its 
jurisdiction, and of their intention to share its blessings and 
misfortunes, its protection and its burthens, Hke faithful and 
affectionate fellow-citizens. Such a course your committee 
earnestly recommends as the best and surest means of removing 
the uneasiness which a measure so unexampled has excited, 
and of promoting the most perfect harmony and good under- 
standing throughout every part of this state. In confidence, 
therefore, that a thinking and reasonable people must see that 
their own interest and preservation, as well as the safety of the 
state to which they belong, and the success of the great cause 
in which the whole continent is engaged, cannot but be weak- 
ened by dissension, and by countenancing the factious and self- 
interested, your committee are of opinion that the requisition 
of the commanding ofiicer of the ranging companies of Cum- 
berland and Gloucester counties should be complied with, lest 
the good people of those counties, being disappointed of the aid 
and protection provided by this state, may suffer from the 
incursions of their enemies, before an explanation of the said 

18 



274: HISTORY OF EASTERN VERMONT. [1TT6. 

letter can be obtained from the committee of Cumberland, and 
have, therefore, agreed to the following resolutions : — 

" First : Resolved, That it is the opinion of this committee 
that the sum of $6,41 2|, being the remaining part of the bounty- 
money, and month's Avages, and rations due to the officers and 
men of the four companies of rangers, raised and established 
for the immediate protection and defence of the counties of 
Cumberland and Gloucester, under the command of Major Joab 
Hoisino-ton, be forthwith transmitted for their use. But inas- 
much as it does not appear, by the returns of the commanding 
officer or otherwise, that the men are equipped and furnished 
with arms or accoutrements, or that the officers have been 
qualified to make up their muster-rolls and returns agreeable 
to the directions of Convention ; 

" Second : Resolved, Tliat it is the opinion of this committee, 
that a committee from this Convention be appointed to see 
that the said money is faithfully applied, agreeable to the esta- 
blisliment of the said rangers ; for that purpose consulting with 
the general committee of the said counties. That they be fur- 
ther authorized to call upon the commanding officer and other 
officers of the said rangers, and, if they shall find it necessary, 
to review the respective companies. Tliat they be instructed 
to inquire into the temper of the inhabitants of the said county, 
and the grounds of any discontent which may prevail among 
tlie uninformed, or which may be encouraged by designing 
men, and use their endeavours to remove the same, and to frus- 
trate any attempt to sow the seeds of jealousy and disaffection. 
And, lastly, that they represent to the committee of the said 
county of Cumberland, the wisdom and propriety of a revision 
of the said letter, and of an unreserved submission of the said 
county to the jurisdiction of this state, so that all cases of dis- 
trust may subside, and the harmony, which is so essential at 
this important conjuncture, may be fixed on the surest founda- 
tion."* 

By a subsequent resolution this report was accepted, and 
was declared to be the act of the Convention. Mr, Sessions, 
one of the deputies, and John Taylor, of Albany county, were 
requested " to proceed to the county of Cumberland," and with 
Col. Marsh, to form a committee to secure compliance w^ith the 
resolutions which had been passed. The treasurer of tlie state 

* Miscellaneous Papers, in office Sec. State N. Y., 17Y6, xxxv. 478-4S4 



1776.] MEASURES FOK PKOTECTION. 275 

was ordered to pay the sum demanded by Major Hoisington, 
and $200 additional, to defray the expenses of the committee 
appointed to visit the connty. At the same time the commis- 
sary of tlie Convention was instructed to deliver three thousand 
flints to the deputies from Cumberland, two-thirds of the quan- 
tity being intended for the use of that county, and the remain- 
der for the use of Gloucester. On the 5th of October, Mr. Ste- 
vens, having obtained leave of absence for three weeks to visit 
his family, was added to the committee who had been chosen 
to carry into effect the late resolutions of the Convention. Five 
hundred copies of the resolutions were ordered to be printed, 
and distributed in the counties to which they particularly re- 
ferred, and in other parts of the state. To avoid mistakes, and 
to afford time for deliberation, the committee, who had reported 
upon the course which it was necessary to adopt towards Cum- 
berland county were, at the request of their chairman, James 
Duane, allowed to sit again. Other applications made by Ma- 
jor Hoisington, in the course of the month, were received with 
favor, and satisfactorily answered. 

In conformity with his duties, the Major had taken post at 
Newbury, that he might be able to watch the movements of 
the Indians and Tories, and guard the northern frontier from 
their incursions. From his position he was enabled to send 
to Generals Gates and Schuyler information of a valuable 
character, obtained from spies and deserters. During the en- 
gagement on Lake Champlain between the British and American 
forces, in the month of October, when it was feared that an 
attack would in the end be made upon Ticonderoga, messengers 
were sent to the New York Convention with a request for 
immediate assistance. Tlie committee of safety, who were in 
session during the recess of the Convention, appointed a large 
committee on the 19th, to co-operate with Gen. Schuyler in 
devising such measures as would ensure protection, and to this 
end, invested them with power to call out the whole or any 
part of the militia of the counties of Tryon, Charlotte, Cumber- 
land, Gloucester, and Albany. The summons to arms was 
answered with spirit. Tlie assistance of the troops was not, 
however, required on this occasion, for Gen, Carleton did not 
advance north of Crown Point. Having reached this place, he 
remained there until the cold weather rendered a longer stay 
impracticable. He then re-embarked for Canada, leaving the 
reduction of Ticonderoga unattempted. 



276 HISTOKY OF EASTERN VERMONT. [17 76. 

Owing to the excitement prevailing in Cumberland county 
consequent upon the disturbances on the Lake, the committee 
who had been chosen to publish the resolutions of the Conven- 
tion, found it difficult to accomplish that task in a satisfactory 
manner. By the information of John Taylor, communicated 
on the 3d of November, it appeared that some of the people 
were in favor of the establishment of a new state, " some for 
joining New Hampshire, others Massachusetts, many for re- 
maining under New York." Referring to this state of feeling, 
he remarked : " I endeavoured to dissuade them from persist- 
ing in such idle and delusive schemes, which would meet with 
the approbation of such only as were fond of changes." But as 
his arguments did not avail, he proceeded to evince his zeal by 
his acts. From the side of a tavern in Marlborough he took 
down a notification of a town meeting, which had been called 
for the purpose of ascertaining the sentiments of the inliabitants 
respecting a revolt from New York. In giving an account of 
this alfair on a subsequent occasion, he remarked with pleasant 
naivete, or consummate impudence, " the inhabitants accused 
me of being guilty of a desperate mean act. They could not 
proceed to business for want of the notification, as the town 
clerk had no other minutes." His report, though neither accu- 
rate nor particular, presented a condition of affairs unfavorable 
to the continuation of the jurisdiction of New York over the 
New Hampshire Grants.* 

Before the resolutions of the Convention concerning Cum- 
berland county had passed, James Clay, by the advice of Col. 
Williams, one of the former deputies, had issued circular letters 
containing a request that the peojDle of each town would assem- 
ble and make known their intentions relative to the course they 
should pursue on the question of state jurisdiction, in order 
that their proceedings might be laid before the county com- 
mittee of safety at the next meeting. Written returns were 
received from a few towns ; verbal messages from others ; but 
the majority did not deem it practicable to offer a reply. The 
greater part of the inhabitants of Hartford favored a separation 
from New York, but desired that an application to that effect 
should be made in the state Convention before the subject was 
brought before the Continental Congress. The particular sen- 

* Journal X. Y. Prov. Cong., i 587, 646-648, 657, 650-662, 676, 684: iL 317. 
"Williams's Hist. Vt., ii. 82-88. Miscellaneous Papei-s, in office Sec. State N. Y., 
XXXV. 148, 149. 



1776.] LEITEE OF MR. CIIAKLES PHELPS. 277 

timent prevailing at this time was favorable to a peaceable 
revolt, if a revolt should be declared necessary to the well- 
being of the people. On the 5th of JSTovember, the county 
committee of safety assembled at "Westminster. When the 
meeting was declared organized on the 6th, there were present 
nineteen representatives from sixteen towns. The session was, 
in many respects, a stormy one. A few questions arising from 
the disagreement of individuals were equitably decided, and 
others were referred to a future occasion. A certain man who 
had deprived his neighbor of the use of a " run of water," was 
commanded to restore the privilege, and was reminded that no 
person had a right to deprive another " of that which God and 
Kature " intended for the benefit of all. Complaint was made, 
and the fact was proved, that Solomon Phelps of Marlborough, 
had made himself obnoxious to those engaged in administering 
the aifairs of the county. In consequence of this, the county 
committee ordered the committee of safety for the town of 
"Westminster, at which place Phelps was then visiting, " to 
take and convey him to y® committee of the next town, and so 
on till he is conveyed, as was the practise in times past, to his 
own home." Such was the summary mode adopted by the early 
inhabitants of the "Grants," in deahng with those who, by 
misfortune or accident, manifested an unbecoming acerbity of 
disposition, or showed too little regard for the sentiments of the 
people or community with which they were connected. 

But the most important topic which occupied the attention 
of the committee was the letter of June 21st, which had been 
written by Charles Phelps, and which had proved especially 
obnoxious to the New York Convention. Tliose who were will- 
ing to remain under the jurisdiction of New York wished to 
withdraw it from the Convention ; those who were not dis- 
posed to acknowledge allegiance to that state regarded its senti- 
ments M'ith favor, and were not disposed to recall it. "When 
the question was taken, the motion to withdraw prevailed. 
As soon as the result was made known the minority deter- 
mined to resent this declared opposition to their wishes. They 
accordingly denounced the acts of the majority as repugnant to 
the resolves of the Continental Congress, and entered their pro- 
test against any further proceedings on the part of the county 
committee of safety as then constituted. Explanations followed 
close upon their declaration, and the bolters were at length 
induced to withdraw their protest, and sit again as members of 



278 HISTORY OF EASTERN VERMONT. [1776. 

the committee of safety. A committee were tlien chosen to 
take into consideration a proposition to recall the letter then 
before the Convention, and substitute another in its stead. Their 
report was in these words : — 

" The committee aj)pointed by this body, to take under consi- 
deration the expediency of the letter sent from this body to the 
Convention of the state of New York, dated June 21st, touching 
being laid to some other state, &c., &c., report : — ^that, whereas, 
the committee of the county of Cumberland have received a 
handbill from the Convention of the state of New York, direct- 
ing this committee to withdraw a letter sent to them from this 
body, bearing date the 21st of June last — ^We, the committee 
as aforesaid, having taken the same under consideration, report : 
That said letter ought to be withdrawn, and that we, notwith- 
standing, ought to enjoy all the privileges that any county in 
this state enjoys, and that we hold it our right to present to the 
Honourable the Provincial Convention of this state, a petition 
and remonstrance, setting forth those grievances that are the 
cause of the uneasiness that subsists among us, for their wise 
consideration and redress. And if, on proper deliberation, it 
may be thought proper a separation should be most conducive 
to the peace and happiness of this county, we do not preclude 
ourselves from the privilege of presenting our petition to the 
pjQj^bie i\^Q Continental Congress for their wise determination. 
"We still mean to pay all due deference to the state of New 
York, and pay our proportion of the necessary charges of the 
state." 

This report was accepted, and having been embodied in the 
form of a letter, was sent to the New York Convention. An 
amicable arrangement having been thus eifected, the commit- 
tee of safety was adjourned to reassemble on the first Tuesday 
of June, 1777, " and not sooner except on emergent call." So 
discordant were the elements of which the county w'as com- 
posed, that it was found necessary to issue an " emergent call" 
early in the following month. In compliance with this call, 
the committee of safety convened at Brattleborough on the 2d 
of December, An attempt was then made to prej)are a repre- 
sentation of the " broken situation" of the county. To such a 
course some of the members objected, and as the others were 
not disposed to yield, the objectors withdrew and broke up the 
meeting. The few who remained addressed a letter to the 
county representatives in the New York Convention, and de- 



1YY6.] DISCORD AMONG THE RANGING COMPANIES. 279 

sired them to lay before tlieir colleagues such a description of 
the state of the county as the circumstances would warrant. 
Tliis was the only business ti'ansacted, and the members retired 
without naming any time or place for another meeting. 

On the same day, the freeholders of Chester assembled in 
town meeting, and appointed Thomas Chandler to prepare a 
memorial to be sent to the New York Convention, setting forth 
the sentiments of the majority of the inhabitants of that town 
respecting the manner in which the affairs of the county had 
been conducted ; and remonstrating against the propriety of 
allowing the representatives from Cumberland county to sit in 
Convention, when they had been chosen to that position by less 
than one-quarter of the votes of the people. The memorial 
was presented to the people a week later, and having been ap- 
proved of, the author of it was chosen to proffer it whenever a 
fitting opportunity should occur. 

In addition to the disaffection arising from troubles of a civil 
nature, discord began to prevail in the ranging companies of 
the two counties. Major Hoisington had demanded of the 
New York Convention certain wages which he declared were 
due his men. The payment of this claim was delayed, because 
it had been neither satisfactorily stated nor proved. Failing to 
receive their wages, the men were not easily prevailed upon to 
do duty, even when their aid was most needed. In this emer- 
gency Gen. Jacob Bayley, of Newbury, wrote, on the 20th of No- 
vember, to the committee who had been appointed to settle the 
difficulty with the rangers, in these terms : " If our rangers 
have not what was engaged them, viz. bounty, one month's 
pay, and billeting, we have no right to command them ; and 
if that payment is not made, we must not expect them on any 
duty ; and if General Gates, who doubtless stands in need of 
them, should call for them, he must be disappointed. "Where 
the blame lies I cannot say. However, it is my opinion that 
the Major be paid according to his rolls, if authentic; after- 
wards he may be called to account, if he has been faulty. 
Otherwise, the whole had better now be dropped ; better now 
than when one or two months' more time is spent to no purpose." 

The prospect that the county would much longer remain, of 
its own accord, a part of the state of New York, was every day 
becoming more and more uncertain. At the close of the year 
17T6, the disaffection had become so general that many of the 
principal men were ready to announce their secession, and join 



280 HI8T0KT OF EASTERN VERMONT. [1776. 

in forming a free and independent state, to include the whole 
of the New Hampshire Grants lying between Connecticut river 
and Lake Champlain.* 

* Miscellaneous Papers, in office Sec. State K T., xxxvi 191-196, 199-235 
MS. Records Cumb. Co. Com. Safety. Journal N. Y. Prov. Cong., iL 210, 214, 
315. MS. Records of town of Chester. Doc. Hist. N. Y., iv. 922, 923. 



CHAPTEK XI. 

THE FOEMATION OF THE STATE OF VERMONT. 

Disafifection of the Inhabitants of the " Grants" towards New York — The Rangers 
— The "Westminster Convention — " Is ew Connecticut, alias Vermont" — Report 
on the condition of Cumberland and Gloucester counties — Appeal to Congress 
— Efforts to obtain the Services of the Rangers in behalf of the State of New 
York — Col. William "Williams's opinion — Attempts of John Sessions to establish 
peaceful Relations — Letter of Bayley, Clay, and Sessions — Commissioners ap- 
pointed by New York to take charge of the Property of those who had left the 
State — New York adopts a State Constitution — Powers of the Committees of 
Safety enlarged — ^The first State Election ordered in New York — Meeting of the 
Friends of New York in Brattleborough — Their Report — Resolutions of the 
New York Convention thereon — Meetings of the Cumberland county Committee 
of Safety — Their " True Representation" — Sanitary Measures — Adoption of the 
Constitution of Vermont — Congress refuses to countenance the Proceedings of 
the New State — The Rangers ordered to Kingston — ^They Refuse to Obey — 
Charles Phelps attempts to procure Arms from Massachusetts — His Petition and 
the Reply — Alarm at the expected Approaeb of Burgoyne — Burgoyne's Instruc- 
tions to Baum — The Victory at Bennington — The increasing power of Vermont 
— George Clinton elected Governor of New York — Action of the Cumberland 
county Committee of Safety — Charles Phelps's statement of the right of Massa- 
chusetts to a Portion of the Territory of the State of Vermont. 

Many there were, in the state of New York, who would have 
gladly denied the existence of any alienation between that go- 
vernment and the inhabitants of the New Hampshire Grants 
had not the fact of such an alienation been too clear to admit 
of a doubt. An occasional forced admission, by the former 
government, of the real condition of affairs, was also significant 
of the pains which were generally used by one of the parties to 
conceal it. Near the close of the year 1T76, Washington ordered 
Gen. Heath " to march to the grand army on the banks of the 
Delaware, with the troops under his command." In the recess of 
the New York Convention, the state committee of safety informed 
his Excellency, that it would be unsafe to comply with his requi- 
sition, and advised some other course. In their letter to him, 



282 HISTORY OF EASTERN VERMONT. [1777. 

dated January 1st, 1777, containing these suggestions, tliey said : 
" On this occasion, we beg leave to lay before your Excellency 
the true situation of this state. It formerly consisted of four- 
teen counties, of which five, and a part of the sixth, are in pos- 
session of the enemy, and a considerable part of the inhabitants 
of the counties of Gloucester, Cumberland, and Charlotte, ap- 
pear determined to shake off their dependence upon us, so that 
above one half is lost ; of the remainder, a considerable propor- 
tion is disaffected, and ready upon a favorable opportunity to 
join the enemy." Such was the light in which even the most 
sanguine were compelled to view the situation of the " Grants." 

Notwithstanding these disheartening prospects, the wants of 
the counties of Cumberland and Gloucester were still supplied, 
to a certain extent, by the state of New York. The four rang- 
ing companies, whose aid had not proved as effectual as many 
had supposed it would prove, clamored loudly for their wages, 
although they were almost forced to confess that they had not 
earned them. Tlieir major, Joab Hoisington, had journeyed to 
Fishkill, where the state committee of safety were in session, to 
obtain a settlement for them. This he partially effected, but 
being detained beyond the time fixed for his absence, he was 
forced, on the 11th of January, to apply to the committee for 
funds to enable him to return. His request was granted, and 
wages were paid him on account of services rendered, and to be 
rendered by him in his official station, A resolution was also 
passed on the 1-lth, by which the Convention agreed to lend to 
the county of Cumberland " a sum not exceeding £300," on 
certain just and easy terms. Owing to the neglect of the com- 
mittee of Cumberland county to furnish their representatives 
with money. Sessions and Stevens applied to the Convention for 
the wages due them for their services rendered as members of 
that body. In answer to this request, £70 were advanced to 
them, and they were requested to account for that amount to 
the county committee, who were directed to consider it as a part 
of the £300 loaned by the Convention to the county.* 

While New York was endeavoring to bind the wavering 
counties to herself by acts of kindness, they were striving openly 
and in secret to effect a separation. On the 15tli of January, 
an adjourned meeting of the convention of the " Grants" which 
had assembled at Dorset in September of the previous year, 

* Joorna N. T. Prov. Cong, I 753, 770, 771: ii 379. 



1777.] DISAFFECTION TO NEW YOKE. 283 

was lield at "Westminster. By a report made on that occasion, 
it appeared that more than three-fourths of the people of Cum- 
berland and Gloucester counties, who had acted upon the sub- 
ject, were in favor of a new state. The rest were \dewed as 
neutrals. On the west side of the mountains where the pn^'ect 
had made most head, separation from New York was not only 
regarded as necessary, but inevitable. A committee appointed 
to prepare a report expressive of the views of the convention, 
presented the result of their deliberations, in the form of a decla- 
ration of rights and independence. The statements and avowals 
which it comprised, were adopted unanimously, and the district 
of territory, known as the Kew Hampshire Grants, was pro- 
claimed a separate and independent state, and was called " New 
Connecticut alias "Vermont." An accc^mit of these proceedings 
was transmitted to the Continental Congress, accompanied by 
a prayer that the declaration of the people might be received, 
and New Connecticut ranked " among the free and independent 
American states, and delegates therefrom admitted to seats in 
the grand Continental Congress."* 

While measures like these were engaging the attention of 
the inhabitants of the new state, the New York state committee 
of safety were engaged in devising means to stop the revolt, 
and bring back the disaifected to their allegiance. The gentle- 
men appointed to visit the two river counties and inquire into 
their condition having returned, had announced their readiness 
to submit the result of their investigations. A hearing was 
granted them on Saturday, the 18th of January, and while 
their chairman was reading the report they had prepared, the 
Cumberland deputies listened in silence and with sorrow to the 
accounts which they too well knew were true in each particu- 
iur. The arguments which had been made use of by the Green 
Mountain Boys to swerve their ultra-montane brethren from 
tlie path of duty were detailed at length, and although some of 
them were baseless, many were so specious as to call for a good 
share of discrimination to detect their fallaciousness, while 

* The convention, after sitting from the 15th to the 22d of January, adjourned 
to meet at Windsor on the first Wednesday in June following. Tliere appears 
however, to have been a meeting intermediate. A call was issued on the SOth 
of January by Nathan Clark, for a convention at Dorset, and by the records of 
the town of Chester, it seems that Lieut. Jabez Sargeant was chosen ou the 13th 
of February, to attend the special convention, and act " for the good of the state 
of New Connecticut, and for the town of Chester, according to tlie best of his un- 
derstanding." — MS. Records of Chester, Slade's Vt. State Papers, pp. 68-73. 



284 HISTORY OF EASTERN VERMONT. [1777. 

others were sound and conclusive. When the reading was 
finished, every member then present, and " every member in 
the neighbourhood " to whom notice could be sent, were directed 
to attend on the Monday following for the purpose of passing 
upoji the report. At the appointed time the subject were dis- 
cussed at length, and an appeal to Congress was decided upon 
as the inceptive step in whatever proceedings might follow. 
That the matter might be placed in its proper light. Congress 
were informed that, at the commencement of the struggle for 
American liberty then in progress, the inhabitants of Cumber- 
land and Gloucester counties had " in general " submitted to 
the jm-isdiction of New York, obtained grants and confirmation 
charters from that state, and been ruled by magistrates of her 
appointment ; that " a spirit of defection and revolt " had lately 
been extended to those counties, " through the arts and misre- 
presentations of certain people inhabiting the county of Char- 
lotte, distinguishing themselves by the name of Green Mountain 
Boys, and their emissaries ;" that the Congress and Convention 
of Kew York had hitherto viewed " the eflects of this danger- 
ous insurrection with silent concern, being restrained from giv- 
ing it a suitable opposition, by the apprehension that it might, 
at so critical a juncture," weaken their exertions in the com- 
mon cause ; that the insurgents from Charlotte county had 
incited many of the inhabitants of Cumberland and Gloucester 
to unite with them in asserting a separate independence, in 
holding a separate convention, and in " framing a petition to 
the Honourable Congress for its sanction and approbation of 
this unprovoked revolt ;" that the loss of so valuable a terri- 
tory, whose people during the present war had received " libe- 
ral allowances out of the public treasury " of the state, would 
not only burden those remaining with enormous debts, but 
would, at every future period, afford an excuse for others who 
might wish to deny the jurisdiction of the state, and set her 
authority at defiance; and finally, that it had become abso- 
lutely necessary that " proper and vigorous means should be 
forthwith exerted " for vindicating the rights of the Convention 
of the state of New York. In view of these considerations and 
others as potent, the committee resolved that a proper applica- 
tion should be immediately made to the Congress of the United 
States, to whose justice the " insurgents" had appealed, request- 
ing them to interpose tlieir authority, and recommend to the " in- 
surgents" a peaceful submission to the jurisdiction of New York. 



177T.] APPEAL TO CONGRESS. 285 

In accordance with these views, a letter was dispatched to 
the president of Congress, embodying an epitomized account 
of the sentiments of the committee, and inclosing the resolve 
which had been passed and the preambulatory remarks con- 
nected with it. Notwithstanding this appeal, confidence in the 
revolting counties had not entirely disappeared. On the 21st 
of January a resolution was passed ordering an application to 
be made to some of the counties in the state, for blankets and 
stockings for the army ; and Cumberland, Gloucester, and Char- 
lotte were included among the counties from which relief was 
to be sought. A few weeks later, when the position of Ticon- 
deroga was considered perilous on accoimt of the smallness of 
the force to whose care it was intrusted, Gen. Schuyler was 
empowered, on the 9th of February, to dispatch one-fifth part 
of the militia of several of the counties of the state, among 
which counties were the three mentioned above — to reinforce 
the garrison at that post. 

Owing to reasons of policy, the resolutions and letter of the 
20th of January were not immediately transmitted to Congress. 
All hopes that a decided change would take place in the senti- 
ments of the majority of the inhabitants of the " Grants" hav- 
ing failed, the state committee resolved, on the 1st of March, to 
present their appeal to Congress without further delay. With 
the letter which had been already prepared another was sent, 
in which were detailed several facts which had lately trans- 
pired. One paragraph in this communication was in these 
words : " The Congress may be assured that the spirit of defec- 
tion, notwithstanding all the arts and violence of the seducers, 
is by no means general. The county of Gloucester, and a very 
great part both of Cumberland and Charlotte counties, continue 
steadfast in their allegiance to this government." In support 
of this declaration as regarded the first named county, reference 
was made to a letter, inclosed, from Brigadier-General Bayley, 
and in proof of the rest of the statement, it was affirmed that 
Cumberland and Charlotte were still represented in the IsTew 
York Convention, and that " out of eighty members who were 
expected to have attended the mock convention of the deluded 
subjects" of New York, twenty only were present.* Intrusted 

* The number of delegates in nttendance at the convention held at Westmin- 
ster on the 15th of January, 1777, and referred to in the text, was twenty-four. 
Three towns expressed their approbation of its measures by letter. — Slade's Vt. 
State Papers, p. 68. 



286 HISTORY OF EASTERN "STERMONT. [1T77. 

with these documents, a messenger was dispatched to Con- 
gress.* 

The death of Joab Hoisington, which took place early in the 
year, left the rangers without a commander. Tlie conduct of 
these soldiers, from the first, seems to have given but little satis- 
faction. In a letter to Gen. Schuyler of the 24th of Februaiy, 
Col. Bedel declared that they had not done three days' duty 
since they were enlisted, and other accounts, though not so dis- 
paraging, were in no instance complimentary. Being now 
wholly unemployed, although they had been engaged to serve 
during the war. Gen. Schuyler proposed to the Convention that 
they should be located where they could render some assistance. 
" I apprehend," wrote he on the 4th of March, " there will be 
occasion of their service as scouts to be employed on the head 
of the river St. Francis, and although I have no immediate 
power from Congress to engage any troops for that purpose, I 
shall nevertheless venture on the measure if Convention should 
think proper to direct that they should be put under my com- 
mand as Continental troops; in which case the Continental 
bounty will be allowed to Convention to replace what it may 
have advanced them." This communication, and another dated 
the 6th of March, on the same subject from Gen. Bayley, were 
read in Convention and committed to Charles De Witt, Simon 
Stevens, and Leonard Gansevoort. A report was prepared by 
these gentlemen, advising the adoption of certain measures. 
Their propositions were read on the 11th of March, but were 
not received with favor, and the whole matter was recommit- 
ted, James Duane and John Taylor having been added to the 
committee. 

A second report was submitted on the 15th, which declared, 
that, owing to the present state of Gloucester and Cumberland 
counties, the rangers raised under the command of the late 
Major Joab Hoisington, ought to be continued in service, pro- 
vided they would agree to be employed "for the support of the 
common cause of America," in such manner as the Convention 
or a future Legislature of the state should think proper. If an 
understanding of this nature could be effected, the committee 
recommended that the companies should be mustered by com- 
missioners appointed for that purpose, and such soldiers as might 
be willing to serve as before, should subscribe an enlisting roll 

* Journal K T. Prov. Cong., i. 115-180, 800, 820, 821. Slade's Vt. State Pa- 
pers, pp. lo-l5. Doc. Hist. N. Y., iv. 925-930. 



177 T.] DEFECTION AMONG THE IVIILrnA. 287 

to that effect. They further advised that the commissioners 
should thereupon appoint one lieutenant for every thirty men, 
and one captain for every two lieutenants; and that such of the 
soldiers as should refuse to serve, should be discharged, having 
first received one-half of the bounty which had been voted by 
the Convention to such as should engage to serve during the 
war, together with "pay and subsistence" for the time they had 
been employed. They recommended the appointment of Gen. 
Jacob Bayley, John Sessions, and James Clay as commissioners, 
not only for the purpose aforesaid, but also to examine into and 
state the sums due to the officers and privates of the ranging 
companies according to their actual services. For their trouble 
and expenses while actually employed in this business, they 
were to be paid two dollars each, per diem. The consideration 
of this report, in consequence of its connection with some other 
topics which had not been fully discussed, was postponed. 
When it again came before the Convention on the 17th, it was, 
on the motion of Gouverneur Morris, a second time recommitted. 
When, on the 18th, final action was had, no alterations were 
made in the propositions above stated. 

In accordance with the resolve of the 9th of February, Col. 
William Williams of Wilmington had received orders both from 
Gen. Schuyler and the Convention to enlist every fifth man in 
the lower regiment of the militia of Cumberland county for the 
purpose of assisting in the reinforcement of Ticonderoga. He 
immediately undertook the task which had been assigned him, 
but the spirit of defection had spread so far, that he met with 
but little success. "I find," he wrote on the 13th of April, 
" that in general the men are averse to go out under the state of 
Xew York, neither do I think it possible for me to raise any 
men. Tliey are ready to go out under the notion of New Hamp- 
shire Grants, or a new state ; but for my own part I am willing 
to serve under York until the matter can be decided by the 
Continental Congress." Similar orders were transmitted to Col. 
Joseph Marsh, the commandant of the upper regiment in the 
county. His exertions were followed by more favorable results, 
for he had the good fortune to succeed in collecting his men 
and in marching them to the place to which they had been 
ordered. The commissioners who had been chosen to settle 
with the rangers, dispatched the business with commendable 
diligence. In communicating an account of their transactions 
to the Convention, on tlie 21st of April, John Sessions, the chair- 



288 HISTORY OF EASTERN VERMONT. [1777. 

man, signified his regret that all the negotiations which had 
been had, concerning the rangers, had been attended with 
"such perplexity and cost," and expressed a hope that more 
care would be taken in the future to avoid mistakes and pre- 
vent misunderstandings. He recommended the appointment 
of a paymaster and commissary, for the companies which should 
be continued in the service, and proposed Gen. Bayley for 
those offices. He also advised, in case the General should re- 
ceive the appointments, that he should be further empowered to 
correspond with the commanding officer in the northern depart- 
ment, and in that way act as director of the rangers of Cumber- 
land and Gloucester counties. He further declared that the 
situation of his own and the country's affairs, rendered it almost 
impracticable for him to attend as a deputy in the Convention. 
At the same time he asserted his loyalty to the state of New 
York, and his displeasure at the course which many of his 
friends were pursuing. Referring to the attempt to estabhsh 
the state of New Connecticut or Vermont, he said, " I hope if 
prudent measures are taken this new-fangled scheme will, like 
the house of Saul, wax weaker and weaker. I ardently wish 
that some decisive measures might be taken that the sword of 
justice and sceptre of mercy may be properly exercised." In 
the same reasonable temper, he remarked that he had no dis- 
position to extenuate the faults of those who manifested such 
contempt for the authority of New York. He desired that 
every obstacle with respect to the title of lands might be re- 
moved, and expressed the wishes of the naore moderate inhabit- 
ants of the county, when he indirectly recommended the abo- 
lishment of quit rents, and advised the substitution- of a land 
tax in their place. 

A joint letter was prepared on the 2d of May, by Bayley, 
Clay, and Sessions, the commissioners for settling with the ran- 
gers. In this communication, the Convention were informed of 
the course which had been pursued in investigating and wiping 
out the old accounts. The formation of a company mustering 
one hundred and fifty-two men, to be divided according to the 
plan previously suggested, was announced as the result of the 
efforts which had been made to secure re-enlistments. A pro- 
position was made that these soldiers should be employed as 
scouts and messengers between Connecticut river, Ticonderoga, 
and Canada, and that they should be paid according to the rules 
of the Continental service. This communication having been 



1777.] FURTHER PROCEEDINGS OF THE CONTENTION. 289 

read in Convention, was referred to a committee, who, after due 
deliberation, reported the accounts therein stated correct. Con- 
formable to this report, the treasurer of the state was directed 
to pay to the commissioners, the sum of $13,430, and take 
a receipt for that amount from the messenger who had been 
deputized by the commissioners to receive the money. Upon 
the suggestions regarding the method of employing the new 
troops, no action was taken.'^ 

While endeavoring to regulate the militia, the Convention had 
not neglected to attend to the general welfare of Cumberland 
county. In every part of New York, as in the other states, many 
who had joined the enemy, had left their possessions in such a 
condition as to render them liable to waste, or to be employed 
for purposes unfriendly to the cause of liberty. To prevent 
these results, commissioners were appointed, on the 6th of March, 
in every county, to take into their custody " all the personal 
property" of persons answering to the above description, and 
sell it at public vendue after ten or more days' notice. An 
account of each sale was to be left with the treasurer of the 
state, as were also the net proceeds and such moneys as might 
be found. The whole was to be paid to the respective ownei's, 
at some future time, or disposed of, at the discretion of the Le- 
gislatm'e of the state. Strict directions, however, were given 
that the families of persons who had joined the enemy, should 
be allowed to retain their apparel, necessary household furni- 
ture, and as much provisions as would be sufficient to maintain 
them for three months. James Clay, Amos Robertson, and 
Israel Smith, were chosen commissioners for Cumberland coun- 
ty ; but the appointment of commissioners for Gloucester county 
was deferred, until the names of persons fitted for the trust could 
be obtamed.f By a resolution passed on the 21 st of March, the 
commissioners were authorized, in case of a refusal to deliver 
up property over which their office gave them jurisdiction, to 
apply to the committee of the county or district in which they 
might meet with opposition, for such aid as should be judged 
necessary to enable them to perform their duty. 

* Journal N. Y. Prov. Cong., i. 825, 831, 837, 839, 841, 907, 916 : ii. 404, 
421, 481, 476, 477. MS. Letter CoL J. Bedel to Gen. Philip Schuyler, dated Feb. 
24tli, 1777. 

f By the advice of Col. Jacob Bayley, the Convention on the 2d of May, 1777 
appointed Col. Peter Olcott, Col. Jacob Kent, and Maj. Israel Smith, conunission- 
ers for Gloucester county. — Journal N. Y. Prov. Cong., i 907 : ii. 498. 499. 

19 



290 HISTORY OF EASTERN VERMONT. [1777. 

One of tlie most important measures of the Convention, during 
the year, was the adoption of a state constitution. This event 
took place on the 20th of April. It would, of course, be out of 
place in this connection, to present a detailed account, or even 
an epitome, of this most " venerable monument of the wisdom 
' >f our high-minded ancestors." Let it be sufficient to say, that 
such men as John Jay and Gouverneur Morris were its found- 
ers, and that it continued to guide and govern the people of 
Xew York until the year 1821, when a new system was adopt- 
ed. By its provisions, the supreme legislative power was vested 
in an Assembly and a Senate. In the former body, Cumber- 
land county was allowed a rei^resentation of three members and 
Gloucester two. The state was divided into four senatorial dis- 
tricts ; and of these the eastern district comprised the counties 
of Charlotte, Cumberland, and Gloucester, and was permitted to 
elect three of the twenty-four state senators. 

Until the new constitution should take effect, the Convention 
were willing to increase the powers and dignify the character 
of the committees of safety, who had acted so important a jiart 
in regulating the affairs of the districts, counties, or towns over 
which they bore rule. To this end, they passed a recommenda- 
tion, on the 21st of April, counselling all the committees in the 
state " to use their utmost endeavors to apprehend, secure, and 
otherwise, according to their discretion, dispose of all such per- 
sons" as they might deem inimical or dangerous to the state. 
As the time for which the committees were appointed to serve 
would soon expire, the Convention adopted a resolution, on the 
Sth of May, calling on the inhabitants of the state to choose 
'• active, spirited, and discreet" persons to act as committee 
men, and to continue in that service until the 1st of the follow- 
ing October. " Although," said they in the handbill which was 
circulated throughout the state, " although the office of a mem- 
ber of any of the said committees is extremely painful and labo- 
rious, yet, as the service will probably expire before the said 
day, it is most earnestly recommended to the good subjects of 
this state, cheerfully to undertake, and vigilantly to execute, the 
said office ; more especially, as the last hope of our dispirited 
foes is now grounded upon those intestine divisions which they 
so assiduously labor to promote, by the assistance of which they 
expect to accumulate greater evils upon a country which they 
cannot subdue, and without which all their diabolical designs 
must prove utterly abortive." Special powers were given tc 



1TT7.] MONETARY APFAIR6. 291 

some of the committees. Tliose of Albany, Tiyon, Charlotte, 
Cumberland, Gloucester, Ulster, and Orange counties, were re- 
quested and authorised " to take the most effectual measures to 
prevent, suppress, and quell all insurrections, revolts, and disaf- 
fection within their respective counties," and were also empow- 
ered to call out the militia to aid them in destroying or securing 
any who might be found in arms against the state. 

At the same time measures were taken by the state to main- 
tain the monetaiy affairs of Cumberland and Gloucester comi- 
ties, and an attempt was made to exert a more direct influence 
upon the people by appointing to such offices as the state 
government was empowered to fill men who were friendly to 
its interests and designs. At the request of Simon Stevens, one 
of the deputies from Cumberland county, the Convention, on 
the 3d of May, ordered the state treasurer to accommodate him 
with the sum of £60, and render the charge to his constituents. 
Tliis circumstance showed that confidence was still reposed in 
the honor of the county, although its loyalty was, to all aj^pear- 
ances, irrevocably lost. On the 5th of May, Paul Spooner was 
chosen by the Convention, sherifl" of Cumberland county, and in 
conjunction with other sheriffs in the state, was ordered to qua- 
lify himself without delay, and give public notice in his baili- 
wick of the time, place, and manner of the first state election, 
and of the offices which were to be filled.* Tlie places desig- 
nated for holding the election in Cumberland county, were the 
house of Seth Smith in Brattleborough, the house of Luke 
Knowlton in New Fane, the Court-house in Westminster, the 
house of Jonathan Tarbell in Chester, the Town-house in Wind- 
sor, and the house of Col. Joseph Marsh in Hertford. Writs of 
dedimus potestatem were issued to John Sessions and John 
Stevens, to enable them to qualify the county officers of Cum- 
berland county ; and the same authority was given to Brig.-Gen. 
Bayley, to be exercised in the county of Gloucester.f 

Meantime,those who continued favorable to the government of 
I^ew York were striving to stem the opposition which surround- 
ed them on every side. In Brattleborough, they were more 

* Spooner declined the appointment soon after it had been given him, and the 
Convention were informed of his refusal in a letter which he wrote them, and 
which was presented on the 15th of July, ITV*?, by Col. Eleazer Patterson of Hins- 
dale, now Vernon. — Journal N". Y. Prov. Cong., i. 995. 

f Journal K Y. Prov. Cong., L 826, 845, 892, 898, 910, 912, 917, 918, 935, 937. 
Dunlap's Hist. N. Y., ii. 130. Handbill issued " In Convention of the Representa- 
tives of the state of New York, at Kingston, May 5, 1777." Pingry MSS. 



292 HISTOKT OF EASTERN VERMONT. [IT 77. 

numerous than the Vermont adherents, and were not afraid 
to act as their convictions dictated. At one of their meet- 
ings held in that town, on the 22d of April, they declared that, 
as they had always owed allegiance to the state of Xew York, 
so they would continue to pay that allegiance, and would 
strictly adhere to such directions as might be sent from the 
Convention of that state. To express these views to the New 
York Convention, Israel Smith was chosen agent for the town, 
and his instructions, dated the 25th of April, pointed out to liim 
the manner in which he should fulfil his commission. He was 
especially directed to inform the Convention, that, at the meet- 
ing held at Westminster on the 15th of January previous, not 
one half the towns in Cumberland county were represented ; 
that all the people in Brattleborough were loyal to the state of 
New York, and considered themselves in duty bound to execute 
all orders of the state and Continental Congress ; and that, in 
the opinion of many, these were the sentiments of the majority 
of the property holders in the county. He was also instructed 
to say, that the spirit of faction was so rife that it was dangerous 
to speak against a new state, and that the difficulties prevalent 
in the county, were neither few nor unimportant. These instruc- 
tions were signed by Obadiah Wells, Seth Smith, Samuel War- 
riner, James Blakeslee, and John Grilfin. 

On his appearance in Convention, on the 6th of May, the 
.papers with which he had been intrusted were read and com- 
mitted to Gouverneur Morris and Simon Stevens. In his con- 
ferences with these gentlemen, he informed them more particu- 
larly of the condition of the town which he represented, and, in 
a general way, of the affairs of the county. The report of the 
committee was divided into two parts; the first part having 
reference to those inconveniences which obtained equally in the 
counties of Cumberland, Gloucester, and Charlotte, arising from 
the uncertainty or defect of land titles, distance from the seat of 
government, and the exaction of heavy quit rents ; and the 
second part relating to the disadvantages suffered by the people 
of Brattleborough on account of their steady attachment to New 
York. Ill the latter portion of the report, the committee, in 
conformity with the information given them by Mr. Smith, and 
obtained from other rehable sources, declared that the inhabit- 
ants of Brattleborough had, on account of their " unwearied op- 
position" to the independence of Yermont as a separate state, 
and their allegiance to New York, become odious to some of 



177T.] RESOLUTIONS OF THE COinilTTEE. 293 

their neighbors ; that, owing to the indolence or disaffection of 
their mihtia officers, they were not in a position to exert them- 
selves against the common enemy, although willing to aid, should 
their services be required ; that thej w^ere in want of arms to 
reduce the tories to subjection ; and that, although they were 
ready to join in new and spirited measures against the Tories, 
yet it was feared that it would be impossible to collect a county 
committee to carry such measures into execution. 

In view of this representation, and of the general condition of 
tlie state, the committee reported on the 10th, that it would be 
utterly impracticable to furnish the inhabitants of Brattlebo- 
rough with arms ; and that the odium they had incurred from 
their attachment to l^ew York, could not be removed except 
by a change in the opinions of those who favored the new 
state — a change which the committee imagined would take place 
as soon as those who had revolted became convinced of their 
true interests. Upon the remainder of the representation, the 
committee submitted these resolutions : — 

" First. Whereas it hath been represented to this Conven- 
tion, that divers of the inhabitants of the county of Cumberland, 
Avho are desirous of continuing the subjects of this state, are, 
from divers reasons, incapable of exerting themselves in the 
general defence, particularly from the want of proper officers — 
therefore. Resolved, that it be recommended to such inhabit- 
ants to associate as follows, to wit : ' "We, the subscribers, sub- 
jects of the state of ISTew York, do associate together for the 
defence of the United States against the King of Great Britain, 
as follows : First. We will choose our officers by vote of the 
majority in each respective company or regiment. Secondly. 
We will obey our officers so chosen in the same manner as the 
militia of the said state, render obedience. Thirdly. Tlie names 
of the said officers shall be transmitted to the government of 
the said state, and to the general in the northern department. 
Lastly. This association shall continue in force until revoked by 
proper authority.' 

" Second. Whereas it hath been suggested to this Convention, 
that the county committee of the county of Cumberland cannot 
be collected together but with great difficulty. Resolved, that 
any committee chosen by the inhabitants of three or more adjoin- 
ing townships, within the said county, may exercise the powers 
[of a county committee of safety.]" 

That part of the report which related to the condition of the 



294: HISTORY OF EASTERN VERilONT. [1777. 

"Grants," together with the portion ah-eady cited, was tabled, 
the two resohitions excepted. The latter of these was, how- 
ever, changed so as to read thus : " Eesolved, that such of the 
members of the said county committee as, on due and regular 
notice for the convening of the said committee, shall meet, be 
authorized to proceed to- business." Such was the result of 
Smith's mission to the Kew York Convention.* 

Encouraged by the evidences of good will on the part of N"ew 
York, the county committee of safety still continued to exercise 
their functions, though unable to secure such obedience to their 
orders as they desired. At a general meeting held in the Court- 
house at Westminster, on the ■ith of June, it was resolved that 
an attempt should be made to give greater vitality to their ope- 
rations. Twelve members from eight towns only were in attend- 
ance on the first day. A chairman and clerk were ajipointed, 
a few complaints were heard, but it was deemed inexpedient 
to proceed with the business of the meeting. A postponement 
was therefore agreed on. TVhen the committee reassembled on 
the following morning, and it became known that no addition 
had been made to their number, an adjournment was voted, 
and the members separated, witli a fuller persuasion than they 
had ever before felt, of the weakness of the minority which 
they represented. 

At the adjourned meeting, held on the 17th of June, six 
members from five towns were present. After waiting for two 
days in the vain hope of collecting a quorum, a readjournment 
was resolved on, and the house of Capt. John Sergeant in 
Brattleborongh was selected as the place for the next meeting. 
Nine members from six towns assembled in Brattleborongh, on 
the 26th, at the second adjourned meeting. It had now become 
evident that it would be impossible to command the attendance 
of a majority of the members. The committee accordingly re- 
solved that they would act in accordance with the dispensation 
which had been granted them by the iJsTew York Convention, 
and proceed to business without a quorum. James Clay, Elea- 
zer Patterson, and Hilkiah Grout were thereupon chosen a com- 
mittee to draft a "True Eepresentation of the Broken State, of 
the Inhabitants of the County," and assign some reasons for the 
conduct of the county committee in neglecting to observe the 

* Journal N. Y. Prov. Cong., i. 913, 921. Miscellaneous Papers, in office Sec. 
State, N. Y. xxxvii. 57, 397 : xxxix. 23. Doc. Hist. IS'. Y., iv. 930-940. 



1777.] REPORT OF THE COMillTTEE. 295 

resolves of the Convention respecting the election of n Governor 
and representative ofiicers. Their report was in these words : — 

" Pursuant to the resolves of the Honorable Convention of the 
state of New York, appointing the committee of the county of 
Cumberland to assist the sheriif in holding the election for Gri- 
vernor, Lieutenant Governor, Senators, &c., the county commit- 
tee from eight towns met on the ■ith day of June, instant, and 
proceeded to make choice of Capt. James Clay, chairman, and 
Mr. Simon Stevens, clerk, and after deliberating on the import- 
ant affairs and broken, state of the county, adjourned until the 
17th day of June, instant, at which time they met according to 
adjourmnent from five towns. But the sheriff having resigned 
his commission, and entirely refusing to act thereon, and the 
committee being terrified with threats from the people who are 
setting up a new state here, thought it imprudent to proceed to 
any business, and adjourned to meet at Brattleborough on this 
26tli day of June, where they are met according to adjourn- 
ment from six towns, and where also a number of men who 
are appointed by several towns to make their disapprobation to 
the proceedings of the late convention at Windsor publickly 
known, in some proper manner, meet the committee and joyne 
with them in representing the broken and disordered state of the 
county, and making their disapprobation of the proceedings of 
tbe late convention at "Windsor, known to the Honorable Con- 
vention or Assembly of the state of New York. 

" "We therefore, the committee of the county of Cumberland, 
and others specially appointed by the towns of Weathersfield, 
"Westminster, Putney, Brattleborough, Hinsdale, and part of 
Guilford, for said purposes, do represent as follows, viz., that the 
convention held at Windsor on the 4th day of June, instant, 
for the purpose of establishing their new state of Yermont,'"^ 
have taken into their possession the prison of this county, and 
have strictly forbid all committees acting under the authority 
of the state of New York, so that it is become impracticable 
for the county committee, or any other committee to proceed to 
any publick business in this county. As the result of these 
measures, several prisoners now in prison in this county who 

* The Vermont convention, held at Windsor on the 4th of June, recommended 
to the people of the new state to assemble in their i-espective towns on the 23d 
of the same month, and choose representatives to meet at Windsor on the 2d of 
July following, for the purpose of forming a constitution, and tleotir.g delegates 
to the Congress of the United Slates. — Various IISS. 



296 HISTORY OF EASTEEN VEEMONT. [1777. 

might have "been set at liberty, agreeable to the resolves of the 
Convention of the state of New York, are still kept in prison in 
the most pitiful circumstances, and are so like to continue. 
The publick peace is so interrupted by the proceedings of this 
convention at Windsor, and by those disorderly persons who 
are so warmly engaged in supporting the illegal authority of 
their new state, that it hath already considerably hindered the 
raising of men for the common defence ; and we think we have 
reason to believe that if a stop is not speedily put to this spirit 
of disorder which rages so vehemently here, a final period will 
soon be jjut to any further provision being made in this county 
for the common defence of America. 

"We further represent that a considerable number of the 
people in this county who are so warmly engaged in setting up 
their new state, have not any or but httle j)roperty which they 
can claim nnder any grant whatever ; and we really believe 
that the leaders of the people Avho are for the new state in this 
county, are pursuing that which they esteem their private 
interest, and prefer that to the publick weal of America, and 
that they are determined to support the authority of their new 
state at all events ; and we really believe that without the 
interposition of the Honourable Continental Congress they will 
never submit to the authority of the state of New York until 
obliged so to do by the sword. 

" And we do hereby solemnly declare, that we entirely disap- 
prove of the proceedings of the late convention at Windsor, 
and of all persons whatever acting under authority of said con- 
vention, and that we will, at all times, do our best endeavour to 
support the legal authority of the state of New York in the 
county." 

This report having been accepted by the committee, was 
signed by James Claj, the chairman. Eleazer Patterson and 
Hilkiah Grout were deputed to present it to the Convention of 
New York. In the credentials which were given them, it was 
stated that the expense of their journey was to be paid by 
private subscription, inasmuch as the state of the county 
rendered it impossible to raise money in any public way.* 

* Col. Patterson presented his commission, and the various papers entrusted to 
him, to the New York Council of Safety, on the loth of July, 1777. They were 
committed to Robert R. Livingston, Gen. John Morin Scott, and Major Christopher 
Tappen, but the records do not show that any action was had upon them. — 
Journal N. Y. Prov. Conff., i. 995. 



1Y77.] MEETIKG OF THE NEW STATE COISTVENTION. 297 

One other act of the committee is worthy of notice. By a 
resohition of the New York committee of safety, passed some 
months previous, autliority had been given to the comity com- 
mittees to select phices suitable for the residence of persons 
who should be inocidated with the small-pox. In conformity 
with this resolve, permission was now granted by the county 
committee to erect a house in Brattleborough to be used for 
that purpose. Obadiah "Wells, Capt. John Sergeant, and Lieut. 
Israel Smith, were empowered to select a proper site for the 
building, which when completed was to be in their charge. 
Special instructions were at the same time given them as to the 
manner in which they should act, and they were enjoined to be 
watchful, lest through any neglect the dreaded disease shoidd 
extend its ravages among those who could not receive the treat- 
ment necessary to their health and safety. The committee 
then adjom-ned, to meet on the first Tuesday in September, at 
the court-house in Westminster.* 

On the 2d of July, the convention of the new state of Ver- 
mont assembled at Windsor. The draft of a constitution was 
presented and read, and the convention entered upon an exami- 
nation of its articles, determined to accept of nothing which 
would not support the principles of republicanism and demo- 
cracy combined. In the midst of their deliberations, news came 
that Ticonderoga had been evacuated, and that the frontiers of 
the state were exposed to the ravages of the enemy. Many 
wished to break up the convention and return to their homes, 
in order to defend their families and firesides. But Providence 
had ordered otherwise. "While fear seemed to paralyze efibrt, 
and doubt to render the little action which was exerted inefiect- 
ual, a violent storm arose. So fierce was the conflict of the 
elements, that the members were compelled to remain. A new 
life seemed to inspire the convention. The constitution was 
read, paragraph by paragraph, amid the roaring and flashing 
of batteries fiercer, louder, and brighter than those with which 
the British were at that moment endeavoring to environ the 
Americans in their flight from Ticonderoga. Evening saw the 
work completed. The constitution had been adopted, a council 
of safety had been appointed to act during the recess, and the 
convention had adj ourned. Besides the adoption of the constitu- 

* MSS. in the possession of the Hon. William M. Pingry, containing a record 
of the acts of the Cumberland county committee of safety. Journal N. Y. Prov. 
Cong., i, TVS. 



298 HISTOET OF EASTERN VERMONT. [1777. 

tion, little else was done by the convention. A right to the 
county jail at "Westminster was, however, reiterated, and orders 
were issued to a sergeant and six men to guard it both by night 
and day, and to permit no one to advance within six feet of the 
gratings, or to approach the j ail door.* 

While the New York and Vermont adherents were struggling 
for the supremacy on the soil which they both claimed, the 
supporters of the former in the New York council of safety, 
were endeavoring to wring from the Congress of the United 
States an expression of opinion as to the vahdity of the con- 
flicting claims. In a letter to Congress of the 28th of May, 
wherein reference was made to those who had been instrumental 
in declaring the independence of Yermont, they said : " Al- 
though we apprehend no great difficulties in reducing these 
factious spirits to obedience and good order by the justice and 
vigor of the government of this state without the aid of Con- 
gressj yet as a report prevails, and is daily gaining credit, that 
they are privately countenanced in their designs by certain 
members of your honourable house, we esteem it om* duty to 
give you this information, that by a proper resolution on that 
subject, the reputation of Congress may cease to be injured by 
imputations so disgraceful and dishonourable." Although some 
members of Congress had expressed opinions favorable to the 
establishment of Yermont, yet their number was small, and did 
not at present seem likely to receive accessions. When the 
petitions from Yermont and the letters from New York had 
been thoroughly examined, the subject of the controversy was 
referred to a committee of the whole house. When their report 
had been submitted. Congress resumed the discussion, and 
determined after long debate, to agitate no further a topic which 
appeared to be pregnant with difficulties. To this end they 
resolved on the 30th of June, that the independent government 
whose establishment had been attempted by the people of the 
new state, " could derive no countenance or justification from 
any act or resolution" which they had passed. Other resolutions 
explaining more fully their sentiments were at the same time 
adopted, and Yermont was left to pursue her own course, with 
tlie sure warrant, however, of the disapprobation of Congress.f 

* Slade's Vt. State Papers, p. 79. MS. letter from William Williams to Capt. 
John Sessions, dated July 7th, 1777. 

f By a resolution of the New York council of safety, passed at Kingston, 
July 17th, 1777, printed copies of the resolves of Congress referred to in the text 



17T7.] LETTER OF GEN. BAYLET. 299 

lu order to concentrate the troops not at that time in actual 
service, the New York council of safety had, on the 28th of May, 
requested Gen. Bayley to march the ranging company formerly 
commanded by Joab Hoisington, but now in charge of Capt. 
Benjamin Wait, to Kingston, there to receive further instruc- 
tions. Orders were accordingly issued, but it was found im- 
possible to procure money to support the men on their jour- 
ney, and for this reason they refused to advance. In a letter 
from Gen. Bayley, of the 14th of June, containing the reason 
of their refusal to obey orders, he adverted to the situation of 
the people inhabiting the north-eastern, counties. He stated that 
he had received an ordinance from the state council of safety 
directing the election of state officers ; that the sheriff had 
given the proper orders to the diflerent towns, but that it was 
not probable the people w^ould choose any members to sit in 
tlie Legislatm-e of ISTew York. In this supposition he was cor- 
rect. A few days later, when a committee from Charlotte 
county visited Cumberland county, to obtain information as to 
the temper of the people east of the Green mountains, word 
was returned that " the New Hampshire Grants had declared 
themselves independent, and would not let the county commit- 
tees sit, nor permit anything to be transacted under the juris- 
diction of New York." 

While matters were in this condition, the New York council 
of safety resolved, on the 27th of June, that the company of 
rangers commanded by Capt. Wait should be " peremptorily 
ordered" to repair immediately to Kingston, and that all arrear- 

were sent to James Clay, the chairman of the general committe > of the county 
of Cumberland, to be given by him to Col. Eleazer Patterson, and IMajor John 
"Wheelock, with a request that they should distribute them through the eastern 
district of the state. By his own exertions, Clay notified the resolves to the 
towns in Cumberland county, and at the same time requested that a meeting 
might be called in each town for the purpose of affording the people an opportu- 
nity to hear the resolves read publicly, and to ascertain whether they were will- 
ing to choose county committee men to meet at Westminster court-house on the 
first Tuesday in the following September. The Vermont council of safety hear- 
ing that Clay was thus engaged, issued a warrant, dated August 10th, 1777, for 
his arrest. He was accordingly taken before them as a prisoner, and was informed 
by CoL Thomas Chittenden that he had done wrong in obeying the directions of 
the state of New York ; in notifying a meeting of the county committee ; in dis- 
tributing the resolves of the Continental Congress ; and in inciting people against 
the new state. On tliese chai-ges Clay was detained in custody six days. At the 
end of that period, he was allowed to return to his home in Putney. — Miscel- 
laneous Papers in office Sec. State, N. Y., vol. xxxvii ; also Papers relating to the 
Vermont Controversy, pp. 2-4. Doc. Hist. N. Y., iv. 94i-948. 



300 HISTORY OF EASTERN VERMONT. [1777. 

ages should be paid tliem on their arrival at that place. By 
another resolution, the}^ directed $200 to be advanced to Capt. 
Wait to defray the travelling expenses of his men. On reaching 
their place of destination, permission was to be given them to 
receive rations insiead of subsistence-money, if such should be 
their wish. A coj^y of these resolutions was sent to Capt. Wait, 
and notice was at the same time given him that compliance 
was expected. Li obedience to orders. Wait proceeded to 
Kewbury, in Gloucester county, and, on arriving there, was 
informed that his under-officers and men had marched for 
Ticonderoga, to ward off, if possible, the attack anticipated at 
that post. On their return, on the l-ith of July, he called them 
together and ordered them to set out for Kingston. This com- 
mand they refused to obey, and in support of their refusal, de- 
clared that at the time of their enlistment they did not expect 
to be removed from the counties of Cumberland, Gloucester 
and Charlotte ; that on account of the abandonment of Ticon- 
deroga, the frontiers were exposed to the attacks of the enemy ; 
and that they could not, under such circumstances, think of 
leaving their wives and children unprotected and alone. This 
answer was presented on the 26th to the New York council of 
safety, who declared themselves satisfied with Wait's conduct, 
but refused to pass any resolutions respecting the conduct of the 
rangers, choosing to leave that subject for the consideration of 
the Legislature, who were soon to assemble.* 

Owing to the defenceless condition of Cumberland county, 
many attempts were made by the inhabitants to procure arms 
and ammunition, that they might be enabled to defend their 
families from the attacks of the enemy's ranging parties, and in 
the meantime prepare to escape to more secure abodes, should 
the British approach in force. Among those most active in for- 
warding these measures, was Charles Phelps. Though far from 
single-minded in many of his operations, yet in this instance he 
mingled with secondary motives enough of disinterestedness to 
render his conduct praiseworthy, and, to some extent, merito- 
rious. From a period anterior to the erection of Fort Dummer, 
the General Court of Massachusetts had professed a claim to a 
portion of what was now the southern part of Cumberland 
county. This claim had for a long time been allowed to rest in 
abeyance. Within a few years, a disposition to renew it liad 

* Journal N. Y. Prov. Cong., i. 947, 976, 977, 979, 980, 1016 ; iL 502. Journals 
Am. Cong., ii. 163. Slade's Vt. State Papers, pp. 77-79. 



ITTY.] PETETION OF CHARLES PHELPS. 301 

been evinced. Taking advantage of tliis circumstance, Phelps, 
on the ITth of July, addressed a petition " to the Honourable 
Council of the most Patriotic State of the ancient Colony of the 
Massachusetts Bay," in behalf of the inhabitants of fifty town- 
ships mostly in Cumberland county, which, three years ago, 
had been " claimed by the legislative authority of the two 
houses of Assembly" of Massachusetts. In a lengthy address, 
he referred to " the shameful and detestable" evacuation of the 
"all important fortress of Ticonderoga, and the adjacent garri- 
sons ;" to the pitiable situation of the " infant settlements and 
defenceless plantations ;" to the destruction of men, women, and 
children, which would surely follow, unless strenuous endeavor 
was made to prevent it ; to the oppressive sway of New York 
and her "new-fangled schemes;" to the attempts which had 
been made by the adherents of the new state of Vermont to 
put a period to the jurisdiction of New York, by "wrenching" 
prisons and prisoners from the hands of New York prison- 
keepers ; to the settlers scattered among " woody, mountainous 
wilds ;" to their extreme poverty ; to theii* incessant toil, which 
scarcely rewarded them with the food necessary to support life ; 
and to the inability of the people generally to procure the 
means of defence. Pursuing this style of remark, he declared 
tliat the government of New York had wholly refused to ajfford 
any protection to the distressed inhabitants of the new state, on 
account of the revolt in which many of them had lately engaged ; 
i.nd that on this account, the only alternative left them was to 
apply for assistance elsewhere. The petition ended with a re- 
quest for arms and ammunition. No definite number or 
amount was named, since it was thought best that the Council 
should assist according to their ability rather than be guided in 
their actions by the necessities of others. 

In answer to this petition, Phelps was referred to General 
Heath. Heath immediately wrote to the Council, that he had 
no power "to issue arms to any other than the Continental 
troops," but at the same time asked the question whether a 
number of arms put into the hands of the Vermonters, would 
not answer a valuable j)nrpose. In reply to this question, which 
comprised the substance of Phelps's petition, the Council order- 
ed the Board of War to deliver to Abel Marsh, and Charles 
Phelps, three hundred fire arms, on condition that they should 
pay or give security for them, and engage to distribute them 
among the inliabitants of the New Hampshire Grants. On the 



302 HISTOKT OF EASTEEN YERMOXT. [1777. 

same conditions, the Board of "War were further directed to 
furnish Phelps with one hundred and fifty pounds of powder, 
three hundred pounds of lead, and four hundred and fifty flints, 
to be distributed among those persons who should receive 
arms.* 

Nor were the people of Cumberland county, themselves 
inactive. All who were not incapacitated by extreme youth, 
old age or infirmity, were formed into guard companies and 
scouting parties, and were stationed at the points and along the 
roads by which it was supposed the enemy would advance. 
But as preparations went on, fear increased. Joel Matthews 
of Hertford, having heard, on the 19th of July, that the forces 
of Burgoyne were at Rutland, and that they intended to 
advance on ^Number Four, and send forward a detachment to 
the Coos countr}^ lying north of Newbury, ordered out the 
militia under his command, and sent word to Col. Joseph 
Marsh, that although he should await his orders, he should yet 
march whatever men he might be able to raise, to oppose the 
enemy. Tliis information having reached Bezaleel Woodward 
at Hanover in New Hampshire, on a Saturday near midnight, 
he immediately endeavored to disseminate it among the officers 
and soldiers of the state by expresses. 

One aj^peal for aid, written by him at this critical moment, 
concluded with these words : " As you regard the safety of this 
frontier, for God's sake, pray come forward without delay." 
As the impression became more prevalent, that the enemy 
were advancing to scour the banks of the Connecticut, the 
teiTor of the inhabitants increased. In one day, from the 
thinly settled towns of Stratford and Tlietford, thirty men 
deserted and went over to the enemy. By this cowardly act, 
twenty families, and over four hundred cattle and sheep, were 
deprived of protection. By the kindness of the people of Lyme, 
they were, however, conveyed across the river, and made com- 
fortable by shelter and security. On the 21st, Gen. Bayley 
advised, that the militia of the county should march to Otter 
creek. If they shall do so, said he, "we will operate with 
them — otherwise five himdred men will not be able to guard 
Connecticut river." 

By the time the enemy's forces had arrived within thirty- 
four miles of the Connecticut, the consternation had become 

* Revolution Council Papers, in office Sec. State, Mass., 1777, iv. 90-92: 2d 
series, 1775-1777, p. 291; also Revolution Letters, v. 307. 



1777.] BURGOTNe's IXSTKUCTIONS to LIErT.-COL. EAOL 303 

general. Many refused to take up arms in defence of their 
families and firesides, and some declared oj)enlj, their inten- 
tion of joining the British as soon as they should make their 
appearance. Nor were these fears without cause. Although 
Burgojne had not at that time made known his intention of 
ravaging the country bordering the Connecticut, still that such 
was his design, there was no room to doubt. In the instructions, 
which, on the 9tli of August, he issued to Lieut.-Col, Baum, 
tliis intention was fully proved. That he might " try the affec- 
tions of the country, disconcert the councils of the enemy, and 
obtain large supplies of cattle, horses, and carriages," he charg- 
ed the aUied Hessian in these terms. " You are to 2:)roceed 
from Battenkill to Arlington, and to take post there till the 
detachment of Provincials under the command of Capt. Sher- 
wood shall join you from the southward. You are then to pro- 
ceed to Manchester, where you will again take post, so as to 
secure the pass of the mountains on the road from Manchester 
to Rockingham. From thence [i.e. Manchester], you will 
detach the Indians and light troops to the northward, towards 
Otter creek. On their return, and also receiving intelligence 
tliat no enemy is in force upon the Connecticut river, you will 
proceed by the road over the mountains to Rockingham, where 
you will take post. Tliis will be the most difficult part of the 
expedition, and must be proceeded upon Avith caution, as you 
will have the defile of the mountains behind you, which might 
make a retreat difiicult. You must therefore endeavor to be 
well informed of the force of the enemy's militia in the neigh- 
boring country. Should you find it may be effected, you are 
to remain there, while the Indians and light troops are detach- 
ed up the river, and you are afterwards to descend the river to 
Brattleborough, and from that place by the quickest march, you 
are to return by the great road to Albany." 

Such was the course which the British General had marked 
out for the Hessian Colonel. By pursuing it, Burgoyne hoped 
to replenish his diminishing stores, and to render the condition 
of his forces so formidable as to enable him to obtain possession 
of Albany, and establish there the headquarters of his army. 
But the result of the battle at Bennington, not only changed the 
entire progi*amme of his proceedings, but aroused in the breasts 
of the Americans feeluigs of hope — feelings to which they had 
been strangers during months of despondency and gloom. The 
victory at Bennington, like that achieved at Trenton, was re- 



304 niSTOEY OF EASTERN VERMONT. [1777. 

ceived with exultation tlirongliout tlie whole northern country. 
Men who had long time been wavering between the smiles of 
royalty and the beggary of republicanism snatched eagerly at 
tlie honest rags of the latter, and spurned the glittering robes 
of the former with unqualified determination.* 

Although events connected with the struggle in which the 
wliole United States was interested, now and then concentrated 
the feehngs and actions of the people of Vermont, and led them 
to forget, for a season, the differences occasioned by the conflict 
of jurisdictions, still the cessation from internal discord was 
only temporary, and the partizans of New Tork and Vermont 
usually returned to their former positions, strengthened in the 
support of their diiferent principles by the respite they had en- 
joyed. The favorere of the new state, supported only, it is true, 
by an infant government, felt that they could call on that 
government for assistance and be sure of receiving such aid as 
it could afibrd. The supporters of the jurisdiction of ITew 
York, on the contrary, were uncertain whether an active opposi- 
tion to Vermont would be sustained by those to whom they owed 
allegiance. In Cumberland county, committees of safety had 
been formed under the superintendence of the leading men of 
the new state. The committees of a similar name who had 
been responsible to Xew York for their proceedings, were now 
almost wdiolly disregarded. The power of the Vermont com- 
mittees was far in the ascendant. They it was who decided the 
diflfereuces which were continually arising between man and 
man, and settled disputes which,, if courts of law had been then 
established, would have been there determined. By them the 
citizens were detailed as guards, or excused from military duty. 
In their estimation, the favorers of l!N^ew York, who resided in 
Vermont, were but little better than enemies to American 
liberty. From men of this class they would frequently extort 
no inconsiderable sums of money for the support of government, 
threatening them, in case of refusal, with bonds, or imprison- 
ment in the jail at Northampton. Levies were often made by 
them for the maintenance of the militia, and those who refused 
to serve as soldiers were compelled, whether acknowledging the 
authority of New York or Vermont, to pay for the support of 
a certain number of men and horses for a specified time. In 
this manner the Vermont committees of safety were enabled to 

• MS. letters and documents in office Sec. State Vt. 



1777.] GEOKGE CLINTON ELECTED GOV. OF NEW YOKE. 305 

maintain the authoritj of the young state, and in manj of the 
towns in Cumberland county to hold in check the discontented 
and rebellious Yorkers. 

As the result of the first state election held in New York, 
George Clinton was, on the 30th of July, elected Governor. 
Soon after this event, the question arose whether the militia of 
Cumberland, Gloucester, and Charlotte counties should be called 
on to render aid to that state. The Governor was in doubt as 
to the couree he should pursue. He was not acquainted with 
the names of the ofiicers in command, nor did he exj^ect, if 
orders were issued, that they would be obeyed. On the other 
hand, he knew that if he should neglect to notice these counties 
on this occasion, when he was calling on every other county in 
the state for a proportion of their militia, the oversight would 
not only be marked, but would tend to strengthen the Yer- 
monters in carrying forward their project of a new state. For 
these reasons, on the 13th of August, he ordered all the coun- 
ties in the state, those on the New Hampshire Grants included, 
not only to make returns of the present state of their militia, 
but also to furnish their quota of men to join the northern army. 
Although no attention was paid to this requisition by the three 
counties, yet this disobedience did not prevent the exercise of 
humane feelings on the part of New York. When a few weeks 
later it became known that the inhabitants of the northern coun- 
ties were suflering from a want of salt, the subject was referred 
to the Legislature, and means were taken to supply them with 
a sufficient quantity of this article so necessary to health and 
subsistence. 

Notwithstanding the opposition they encountered, the com- 
mittee of safety in Cumberland county who derived their 
powers from New York, met occasionally, and strove to exert 
the little influence left them, for the good of the state whose 
interests they represented. On assembling on the 2d of Sep- 
tember, there were present delegates from six towns only. In 
the absence of Capt. James Clay, the chairman, the meeting was 
called to order by Simon Stevens, the clerk. After long 
debate an adjournment until the following day was ordered. 
But this measure did not avail to increase the attendance. Soon 
after assembling on the morning of the 3d, a motion was made 
to send some " suitable .person" to the New York Legislature to 
give information of the conduct of the " pretended council" 
and the " pretended committees" of Yermont. The motion 

20 



306 HISTORY OF EASTERN VERMONT. [1777. 

being lost, the committee voted to adjourn until the second 
Tuesday in November. In less than an hour after the adjourn- 
ment, Capt. Clay ajjpeared, attended by Obadiah Wells of 
Brattleborough. The members of the committee who had not 
as yet left town, together with those who had just arrived, 
again assembled, and voted to send Clay to New York for the 
purpose of representing the difficulties of the county, and seek- 
ing some method of relief. The credentials which he received 
with his appointment were signed by Simon Stevens, Hilkiah 
Gruut, Michael Gilson, Obadiah Wells, and Eleazer Patterson. 
At the same time Deacon John Sessions of Westminster, a 
supporter of the jurisdiction of New York, wrote to the con- 
vention of that state, of which he had until of late been a 
member, in truly scriptural phrase, an account of the incon- 
veniences to which he was subjected because of his opinions. 
" My opposition," said he, " has rendered my situation some- 
what unhappy at present, but I trust I shall find the old maxim 
true in the end, that honesty is the best policy. I have been a 
sort of Micaiah in the affair, and I believe many would be glad 
I were in the house of Jonathan,* and I have reason to expect 
this will be my fate if something is not done very soon."f 

Having been successful in obtaining arms and ammunition 
from Massachusetts, to be distributed among the people residing 
on that portion of the " Grants" which border the western 
banks of the Connecticut, Charles Phelps now turned his 
attention towards the accomplishment of a project which, had 
it resulted according to his wishes, would have rendered the 
condition of the inhabitants of Cumberland county far more 
precarious than ever before it had been. On the 27th of 
October he presented a memorial to the Council of Massachu- 
setts, " in behalf of the sacred rights" of that state, and for the 
purpose of securing to her the control and disposal of fifty 
townships situated in the south-eastern part of Vermont. In 
defence of his position, he asserted that Massachusetts had 
purchased of the Indians the territory in question, which had 
been afterwards laid out into townships, and had taken of them 
the necessary deeds and conveyances signed and sealed by their 
chiefs and sachems ; that these transactions had taken place 

* 1 Kings, chap. xxii. vs. 7-28. 1 Samuel, chap., xiv. 

^ Miscellaneous Papers in office Sec. State N. Y., xxxvii. 461 ; also Papers 
relating to the Vermont Controversy, pp. 4, 5. Pingry JVISS. Journal N. Y. Prov. 
Cong., i. 1021, 1030, 1059. Doc. Hist. N. Y., iv. 948-951. 



17 1 7.] MEMORIAL OF PHELPS TO THE COUNCIL. 307 

while Belcher was Governor of Massachusetts ; that the neces- 
sary agreements had been entered into at Fort Dummer ; that 
the papers drawn on the occasion had been placed in the pro- 
vincial Court-house at Boston, and had been destroyed when 
that building with its contents was burned on the 9th of 
December, 1747. He denounced as unjust the conduct of 
Great Britain in assigning to New York lands which belonged 
to Massachusetts, and did not scruple to blame New York, the 
state from which he had received so many favors, and to which 
he owed allegiance, for endeavoring to retain possession of ter- 
ritory which had been claimed for Massachusetts by the 
"rightful, just, and most solemn resolves" of her General Court. 
Inasmuch as manuscript testimony was out of the question, 
Phelps proposed that Col. Israel "Williams of Hatfield, the only 
surviving witness to the transactions referred to, should be 
requested to make affidavit to such facts as he might remem- 
ber bearing upon the case under consideration, and that Mas- 
sachusetts should purchase of John Moffatt of Boston, the 
journals and records of that colony then in his possession. In 
answer to this memorial, the Council, on the 29th of October, 
voted to take the deposition of Col. "Williams, to be used as 
evidence of the treaty consummated at Fort Dummer between 
the years 1725 and 1730, the proofs of which had been after- 
wards destroyed. Two years later the General Court declared 
that the state of Massachusetts had a " clear and indisputable 
right" to the southern part of Yermont, but when, in the year 
1780, the subject was brought before Congress, the General 
Com-t decided that the claim was an " infringement on the rights 
of YeiTnont," and refused to prosecute it further.* 

* Revolution Council Papers, in office Sec. State Mass., ITTT, iv. Sit. 



CHAPTEE Xn. 

OPPOSITION TO THE G0V:EENMENT OF VEKMONT. 

The first General Assembly of Vermont — Meeting of the friends of New York at 
Brattleborough — Gov. Clinton's Proclamation — Its reception — A Protest against 
the Government of Vermont — Circular Letter from the Protesting Convention 
at Brattleborough — First Meeting of the Legislature of Vermont — Col. Thomas 
Chittenden elected Governor — Opposition of the New York Adherents to the 
Government of Vermont — Disturbance at Halifax — Robbery of Powder and 
Lead at Hinsdale — Simon Stevens's friendship to Vermont — Letter from Micah 
Townsend and Israel Smith to Gov. Clinton — Clinton's reply — Peletiah Fitch's 
Letter to Clinton — Clinton to Fitch — Clinton to Gouverneur Morris — Clinton 
to Henry Laurens — " Yorkers," " Vermonters," " Neutrals" — Officers chosen 
both by Vermont and New York — Union with New Hampshire dissolved — An 
attempt to connect Vennont with New Hampshire — Arrest of Hilkiah Groiit, a 
New York Justice of Peace, by the authority of Vermont — His Trials before 
various Courts — A Conviction for Defamation. 

When the delegates from the different towns in Yermont who 
had assembled at Windsor in convention, on the 2d of July, 
1YY7, separated on account of the evacuation of Ticonderoga, 
and the progress of the enemy under Burgoyne, they had 
intended to publish without delay, the constitution they had 
adopted, and thus enable the people to hold, in the month of 
December following, an election of representatives to compose 
the General Assembly. Owing to the unsettled condition of 
the times, the constitution was not printed in season to allow 
of the accomplishment of this object. Another general con- 
vention was therefore called by the council of safety. The 
meeting was held at Windsor on the 24:th of December, the 
constitution was revised, and effectual means were taken to set 
the machinery of government in full operation. On the 6th of 
February, 1778, the council of safety distributed among the 
inhabitants of the different towns in the state, copies of the new 
constitution. The election of representatives took place on .the 
3d of March following, and on the 12th of the same month, the 



17TS.] PECULIAR POSITION OF VERMONT. 309 

i 

first session of the General Assembly of the state of Vermont 
was held at "Windsor. The necessary state oflicers were soon- 
after elected, and Vermont presented the novel spectacle of a 
free government, wholly independent of Congress, and yet 
engaged in the same struggle against the power of Great 
Britain, which interested the men, and employed the money of 
the thirteen United States.* 

While the leaders of the new state were thns engaged in 
perfecting their plans, a number of the inhabitants of Cumber- 
land county who owed allegiance to New York, assembled at 
Brattleborough on the 28th of January, and prepared a petition 
addressed to the Legislature of the latter state. In this paper 
they stated that they had been informed on " credible authority," 
that the convention of the " pretended state of Vermont" had 
prohibited the exercise of all authority derived from New York ; 
had made laws to bind the inhabitants of Cumberland county ; 
and had lately adopted a constitution under which state and 
other officers were soon to be elected. From the evils which 
threatened them in this quarter, they prayed to be defended. 
More fully to express their views, they appointed James Clay 
their agent at the New York Legislature. 

In answer to their petition and others similar, the subject of 
the controversy between New York and Vermont was taken 
np in the Senate and Assembly of the former state, and resolu- 
tions were passed, on the 21st of February, containing such 
overtures to the disaffected inhabitants of the northern counties, 
as were deemed compatible with the dignity of New York as a 
state, and with the welfare of those with whom a reconciliation 
was desired. These resolutions were embodied in a proclama- 
tion, which was issued on the 23d, under the signature of Go- 
vernor Clinton. Its closing paragraph was in these words. 
"The several branches of the Legislature of the state of New 
York will concur in the necessary measures for protecting the 
loyal inhabitants of this state, residing in the counties of Albany, 
Charlotte, Cumberland, and Gloucester, in their persons and 
estates, and for compelling all persons, residing within this 
state, and refusing obedience to the government and Legislature 
thereof, to yield that obedience and allegiance, which, by law 
and of right, they owe to this state." Prompt and energetic 
action, it was supposed, was to follow a declaration like this, 

* Slade's Vt. State Papers, pp. 80, 8L 



310 HISTORY OF EASTERN VERMONT. [l778. 

but subsequent events showed that tlie government of New 
•York, although skilled in the use of firm language, was not 
prepared to support its words by its acts.* 

To the New York adherents resident in Yermont, this pro- 
clamation was most welcome. On its reception at Halifax on 
the 10th of March, forty-six of the principal inhabitants of that 
town joined in an address of thanks to Governor Clinton, and to 
the Senate and Assembly, " for the salutary measures taken for 
settling the peace and unity" of the northern counties. " Not- 
withstanding the uneasiness of many disaflected persons," said 
they, " we do freely comply with the terms of said j^roclama- 
tion, and rejoice to find such pacific sentiments therein con- 
tained ; not in the least doubting but on suitable application, we 
may have redress of all grievances." In the few towns in the 
county where the sympathies of the inhabitants were consonant 
with the sympathies of the people of Halifax, the proclamation 
was regarded with similar feelings. It was for this reason that 
Governor Clinton was informed that his address had been 
" productive of some good," in spite of " the many unmanly 
artifices made use of by the New State's men to prevent it." 
In order to exert a favorable influence upon the gubernatorial 
election which was soon to be held in the state of New York, 
and also in such towns upon the " Grants" in winch there was 
a prospect of obtaining New York votes, care had been taken to 
distribute this proclamation as widely as possible before that 
event. The effect on the election was far otherwise than had 
been anticipated. In some towns a very small vote was polled, 
and in others there was no voting. The proclamation was 
generally regarded as an unfortunate production, whose pro- 
visions would by no means suit the temper of the mass of the 
people. In some towns it was publicly burned.f 

The dispute between New York and Yermont having now 
assumed a definite shape, the people of Brattleborough at once 
evinced a decided preference towards the jurisdiction of the 
former state. At the annual meeting of the town, held on the 
3d of March, they resolved unanimously to send a protest to 
the Assembly of the " pretended state," denouncing the con- 
duct of that body in disavowing allegiance to New York, as an 
act tending to " disunite the friends of America in the present 

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 7. Slade's 
Vt. State Papers, pp. 82-84. Doc. Hist. N. Y., iv. 951-955. 

f George Clinton Papers in N. Y. State Lib., voL iv. docs. 1161, 1181. 



1778.] A PROTEST. 311 

imijortant contest with Great Britain." Desiring to add weight 
to this intended protest, they appointed Benjamin Butterfield, 
Samuel Knight, Israel Smith, James Blakslee, and Micah 
Townsend, a committee to confer with the ditferent town com- 
mittees in the county, and ascertain who among them were 
inclined to bear testimony against the " unjustifiable proceed- 
ings" of Yermont. Letters were accordingly sent by the cen- 
tral committee, on the 4th of March, both to those who were 
known, and to those who were supposed to entertain friendly 
feelings towards New York. " We call upon you in the most 
earnest manner," said the committee in their circulars, " as you 
value the blessings of good order and just government, to unite 
with us in concerting and executing such measures as will be 
most efficacious for procuring those blessings, and frustrating 
the designs of those who are opposed to them." A request 
was at the same time made, that the towns would send com- 
mittees to confer with the central committee, and a meeting, to 
be held on the 18th, was called at the house of Capt. Sergeants 
in Brattleborough. 

Delegates from several towns assembled at the appointed 
time, but of their proceedings no record has been preserved. 
It is known, however, that the initiatory steps in the proposed 
movement were then taken, and that proper persons were 
chosen to draft such papers as were required. At an adjourned 
meeting held at the same place, on the 15th of April, represent- 
atives from Guilford, Brattleborough, Putney, Newfane, Hins- 
dale, and Rockingham, were in attendance. The proposed pro- 
test which had been previously prepared, in accordance with 
the sentiments of the committees of the above towns, and of 
Westminster and Weathersfield also, was on this occasion pre- 
sented for adoption. It was in the form of an address, and was 
directed "To the gentlemen convened at Windsor, under the 
style of the General Assembly of the state of Yermont." In 
it the objections to the formation of a new state were strongly 
put, and old arguments in a regenerated form, and new ones 
also, were urged in opposition to the plans of the patrons and 
citizens of Yermont. In view of the principles adduced, the 
protesters announced their determination in these words : — 

" We conceive that endeavoring at present to establish a 
separate state here, is not only a violation of the Continental 
Union, but is imprudent, and to the last degree impolitic and 
dangerous, tending in the present important crisis to weaken 



312 HISTORY OF EASTERN VERMONT. [1778. 

the authority of the Continental Congress, disunite the friends 
of America, and stimulate a spirit of separation and sedition 
which may end in the ruin of the United States ; and we esteem 
it not only our duty, but the duty of all who are friends to the 
liberty of America, to bear open testimony against it. Tlierefore, 
on behalf of ourselves and those who delegated us for that ])ur- 
pose, we publicly declare that as we have not in any way assisted 
in, or consented to, the forming of a separate and independent 
government, we shall not consider ourselves bound by any acts 
of the Legislature thereof, but shall, as in duty bound, continue 
to yield our allegiance to the state of New York, until other- 
wise directed by the Honorable the Continental Congress. And 
we do hereby solemnly protest against the right of any persons 
to govern us and the other inhabitants of the New Hampshire 
Grants, except that of the Continental Congress and the Legis- 
lature of New York, and against all measures which shall be 
used to enforce the pretended rights o^ any other person or 
body of men, and against all the bad consequences which may 
arise from attempting at present to establish an independent 
government in the ' Grants' before mentioned." 

Before separating, a letter was prepared and presented to the 
convention, expressive cf the ideas of those who had joined in 
the protest. As an epitome of their sentiments, and of the 
course which they wished to pursue, this document is "now of 
especial value. At the time it was written, its composers were 
careful to make use of such language as would dignity the 
measures which they wished to publish and pursue. 

" As we are warmly interested in favour of American liberty," 
said they, in the paper referred to, " we cannot view with un- 
conceni, or remain silent spectators of, the present disorderly 
attempt to separate the New Hampshire Grants from the thir- 
teen United States — a m*easure directly tending, in our opinion, 
to weaken the opposition made by the continent to its European 
oppressors, and introduce the utmost confusion, at a time when 
good order and unanimity are essentially necessary. 

"The final adjudication of the King of Great Britain in privy 
Council (the only proper court which could then determine 
matters of this nature), that this territory was within the juris- 
diction of New York ; our peaceable acquiescence in that 
judgment ; and representation in Continental Congress and the 
Convention of New York, both before and since the Declaration 
of Independence, are undoubted proofs that our allegiance is 



17TS.] LETTER TO THE CONVENTION. 313 

justly due to the state of New York, until Congress shall other- 
wise determine. The resolutions of Congress of the 30th June 
last, and the articles of confederation, are convincing to us that 
that honourable body disapproves of a measure so extraordinary. 
The present government of New York engaging to remove such 
grievances as we really laboured under, from the iniquity and 
bad policy of our former governors, we hope will quiet the 
complaints arising from those grievances. The confusion that 
erecting a new state, without the consent of Congress, has al- 
ready, and will more abundantly, introduce ; the present in- 
ability of the people to suj^port a separate government, however 
frugally the public moneys are managed ; and the great, very 
great scarcity of men properly qualihed to make and put in 
execution a wise system of laws, plainly demonstrate to us 
the wretched policy of so extraordinary an attempt at this 
time. 

" "We have therefore agreed upon, and shall forward to the 
Assembly of the pretended state of Vermont, a protest against 
erecting the ' Grants' into an independent government in the 
present time, and also one copy thereof to his Excellency 
Governor Clinton, and another to the press for publication, that 
the w^orld may know our disapprobation of the present irregu- 
lar proceedings. 

" We think it the duty of every friend to the independence 
of America, more especially in the ' Grants,' to use their most 
strenuous efforts to suppress or check this offspring of anarchy 
in its infancy. And as preserving unanimity amongst the 
number who choose not to assist in dividing the continent, in 
this momentous crisis, may have a tendency to answer that end, 
and is essentially necessary as well for the public good as for 
the security of their persons and property, we beg leave to re- 
commend to you, to elect a committee, in such time that they 
may meet at Capt. Sergent's in Brattleborough, on the 30th 
day of June next, at eleven o'clock in the forenoon, to exist for 
six months ; to authorize them to consent to such measures as 
they shall think most likely to restore to this divided county 
internal tranquillity, and submission to the just and necessary 
authority of those who, by order of Congress, are regularly ap- 
pointed to rule over us ; from time to time to transmit to the 
government pf New York, accounts of all such matters as may 
be material for them to be acquainted with ; and to take such 
Bteps as they think best for relieving those who may suffer in 



31-i HISTORY OF EASTERN VERMONT. [1778. 

their j)ersons or properties by any autliority pretended to be 
derived from the state of Yermont."* 

By a special resolution, copies of this letter were signed b}'^ 
Thomas Cutler, the chairman of the convention, and were sent 
to those towns in the county whose representatives had already' 
signed, or had expressed a willingness to sign, the protest which 
had that day been adopted. Copies were also sent to those 
towns in which there were a respectable minority who were 
opposed to the new state, and aU who favored the protest were 
invited to send delegates to the convention to be held on the 
30th of June following. Whether this convention ever met, or, 
if they did meet, whether their previous efforts resulted in such 
an organization as they desired, does not appear. Succeeding 
events show, however, that the principle of opposition to the 
new state was of sufficient weight to carry out in action, to a cer- 
tain extent, what had been proposed in council. The adherents 
of New York did not fail to support their views, even when the 
sword and the bayonet were employed to compel them to yield 
obedience to the laws which had been enacted by Yermont.f 

The representatives who had been elected by the General 
Assembly of Yermont met at Windsor on the 12th of March, 
and formed themselves into a House. Their names were not 
entered on the journals of that session, but it is certain that of 
the fifty or more who were present, twenty-three were represent- 
atives from nineteen towns in Cumberland county. Agreeable 
to the constitution of the state, a committee were chosen to 
count the votes of the people, and as the result Col. Thomas 
Chittenden was declared Governor. At the same time Joseph 
Marsh was elected Deputy Governor, and Col. Ira Allen State 
Treasurer. Twelve Councillors were also chosen, and were 
formed into a body known as the Council. The relation which 

* When, on the 2'7th of May following, a copy of the protest -was forwarded to 
Governor Clinton by Micah Townsend and Israel Smith, a copy of this circular 
letter was also sent, accompanied by the following notice : " We also enclose a 
copy of a circular letter sent by the convention to several towns in this county, 
recommending the choice of committees ; the principal design of which we appre- 
hend is to preserve union amongst the friends of New York state, and enable 
them to act with unanimity as occasions offer, for increasing the number of 
the friends of New York government, and with expedition to carry into execu- 
tion such directions as they may receive from your Excellency." — George Clinton 
Papers, in N. Y. State Lib, vol. v. doc. 1437. 

•j- Protest of towns in Cumberland county. MS. Letter from Brattleborough 
convention. MS. Letter from select committee. Pingry MSS. George Clinton 
Papers, in N. Y. State Lib., vol. iv. doc. 1282, * 



1T78.] APrOINTMENT OF STATE OFFICERS. 315 

the Council bore to the General Assembly was the same as that 
which the npper house bears to the lower house in deliberative 
bodies as they are now constituted in the United States. The less 
important offices were filled as the performance of minor duties 
became necessary. During the session many general laws were 
passed for the regulation of the afiaii*s of the state. All the 
land lying between the Green mountains and Connecticut river, 
including the whole of Cumberland and Gloucester counties, 
was, on the ITth of March, erected into a county, and was 
called Unity. Unity county was divided, for the sake of facili- 
tating militia arrangements, into three regimental districts, and, 
for the sake of facilitating judicial and legal proceedings, into 
four probate districts. The vote by which the name Unity had 
been given to the consolidated counties was reconsidered on 
the 21st, and the name Cumberland was substituted. The 
enlarged county of Cumberland was, on the 21th, divided into 
two shires, the old division lines of the former counties being 
adopted as the bounds of separation. The upper shire was 
called Newbury, aiid the lower Westminster. At the close of 
the session a committee were chosen to transcribe such of the 
proceedings as were deemed of interest to the inhabitants, and 
furnish each town in the state with a copy. In order to increase 
the revenue of the state, and to punish those who were opposed 
to the new jurisdiction, a court of confiscation was, on the 26th, 
established by the Council. Col. Joseph Marsh, Gen. Jacob 
Bay ley, Maj. Thomas Murdock, Col. Peter Olcott, Benjamin 
Emmons, Esq., Dr. Paul Spooner, and Col. Benjamin Carpenter, 
were the members of this court, and to them power was given 
to confiscate and sell all " lands and estates" within Cumberland 
county which, upon sufficient evidence, should be adjudged for- 
feited. The Council during the same session appointed John 
Hatch, Joshua Bayley, Ezra Sargent, and Darius Sessions, sm-- 
veyors, and John Benjamin sheriff of the same county. 

During the spring troops were raised in Cumberland county 
for the use of the new state. Orders for making levies were 
issued by Governor Chittenden, and were obeyed by the officers 
acting in the Yermont service. But there were many on the 
"Grants" who, although friends to American liberty, were 
unwilling to advance that liberty by fighting with, or giving 
aid to the state of Vermont. The most ardent of these were 
enabled to act in accordance with their principles by taking 
commissions from New York, while others, equally as j^atriotic 



316 HISTORY OF EASTERN VERMONT. [1778. 

but less impetuous, were content to contribute of tlieir substance 
to the support of the militia of that state. It was in this man- 
ner that the enmity of the New York adherents became systema- 
tized. Their opposition was a source of continual alarm to the. 
originators of the new state. Ethan Allen stigmatized them as 
"New York malcontents," and when referring to them, declared 
as he would of vermin, that they " infested" the country, and 
made earnest inquiry as to the method of treatment which 
should be adopted towards them.* 

Nor did their opposition confine itself to words. They not 
only denied the jurisdiction of the Yermont courts, but resisted 
the precepts, and refused to submit to the decisions, which 
emanated therefrom. In the town of Halifax, Hubbell Wells, 
a justice of the peace by commission from Yermont, issued a 
warrant directing William Hill, a constable, to arrest John 
Kirkley and his wife, Hannah, charged with the perpetration 
of an assault and battery in the highway, on the person of 
David AYilliams. In obedience to this order Hill arrested the 
accused, returned the warrant, and, the parties in the case 
having been summoned, the court was opened. Hardly had the 
trial commenced, when Thomas Clark, Tliomas Baker, Isaac 
Orr, Henry Henderson, Alexander Stuart, Jonathan Safford, 
Elijah Edwards, Pelatiah Fitch, and about sixteen others, 
inhal)itants of Halifax, and subjects of New York, rushed into 
the court-room, armed with bludgeons, and attempted to rescue 
the prisoners. Failing in this, they brandished their weapons 
over the head of the justice, called him a scoundrel, bade 
defiance to the authority of Yermont, and finally succeeded in 
breaking up the court. Acts of resistance like this were the 
arguments that proved to the rulers of Yermont the necessity 
of adopting the most strenuous measures to support the power 
and dignity of the state. f 

Notwithstanding their enmity to the government of the new 
state, tlie supporters of the jurisdiction of New York who re- 
sided in Cumberland county, were pure-minded, patriotic Ame- 
ricans. Their unwillingness to unite with the people of Yermont 
against the British, did not prevent them from opposing their 
country's foes in eveiy practicable manner. In detecting the 
machinations of the Tories, none displayed greater activity than 

* Slade's Vt. State Papers, pp. 2i1, 260, 264, 266, 267. MS. Counca Records 
of Vt. Various MSS. 

■]• MS. complaint of William HilL 



1778.] PATRIOTISM OF THE YOKKEES. 317 

they. The vigilance which they manifested in the following 
instance, may serve as a slight illustration of their zeal. " On 
the 3d of May, the granary of Lieut. Samuel Stratton, of Hins- 
dale now Vernon, was broken open during the night, and the 
powder and lead belonging to the town, and which had been 
stored there, was stolen. This event gave " great uneasiness" 
to the inhabitants of Hinsdale and the neighboring towns. Mea- 
sures were immediately taken, by placing guards in different 
parts of the village, to obtain information concerning the theft. 
As a scouting party were passing near the granary on the even- 
ing of the 5th, they discovered a man asleep at the foot of a 
haystack, and secured him. On examination, he proved to be 
one Jonathan Wright, " a person inimical to the American 
cause." Elijah Elmer, an accomplice of Wright, was at the 
same time taken prisoner, but managed to escape from the 
hands of his captors. The fact of the arrest having been made 
known. Col. Eleazer Patterson, Capt. Joseph Stebbms, Capt. 
Orlando Bridgeman, Moses Howe, and Gad Wait, from the 
safety committee of Hinsdale, and Capt. Hezekiali Stowell, Jo- 
seph Elliott, and Henry Sherburne, from the safety committee 
of Guillbrd, all of them supporters of the jurisdiction of Xew 
York, assembled at Hinsdale on the 7th. Patterson having been 
chosen chairman and Sherburne clerk, the associated commit- 
tees commenced an investigation of the circumstances connected 
with the robbery. On the examination which followed, Wright 
refused to answer the interrogatories of the committee. Eiith 
Stratton, at first, intimated her suspicions that the prisoner had 
been lurking about her father's house from the fact of the disap- 
pearance of some articles of furniture, but finally declared that 
he had not been there since the preceding winter. Lieut. Strat- 
ton, in whose charge the powder and lead had been deposited, 
testified to the fact of the robbery, but could give no further 
information. Several witnesses were then examined with a view 
to implicate the Lieutenant, but nothing satisfactory was elicited. 
AVlien the committee came together on the morning of the 
8th, Wright asked permission to give evidence in behalf of the 
state. This privilege was granted him on condition that he 
should prove in a satisfactory manner the statements he should 
make. He then informed the committee, that in company with 
Elijah Elmer, he had broken open the granary, taken thence the 
powder and lead, carried them across Connecticut river and 
concealed them among the bushes. He also informed the com- 



318 HISTORY OF EASTERN VERMONT. [1778. 

mittee that John Stratton, a son of the Lieutenant, was privy to the 
robbeiy, and had deposited the powder and lead in the granary 
in such a manner as to render them easy of access and removah 
John Stratton, who had ah'eady been before the coniniittee, and 
had then denied all knowledge of the affair, being re-called, 
pleaded ignorance as to the natnre of an oath, acknowledged 
the truth of the statements of Wright, begged " mercy of God," 
and implored the forbearance of the committee. As "Wiight had 
escaped the liability of punishment by his confession, Stratton 
was alone obnoxious to the awards of justice. In view of his 
participation in the robbery as an accessory before the fact, the 
committee resolved that he should pay all the charges which 
had been incurred by reason of the theft ; restore fourfold to the 
town of Hinsdale ; pay a fine of £100 to the state of JSTewYork ; 
be disarmed, and confined to the limits of his father's farm for 
the space of a year, provided his father should give a bond of 
£1000 to be forfeited in case he should go beyond the prescrib- 
ed bounds. Permission, however, was granted him to attend 
public worship on Sunday, to be present at funerals, and to be 
absent from the farm whenever, on "extraordinary occasions," 
he should procure a pass from the committee of the town. 

An account of these proceedings was sent to Governor Clin- 
ton, and at the same time inquiries were made as to the manner 
in which similar offences should be punished in future. One 
paragraph, however, in the letter of the comuiittee, showed that 
their conduct had not met with the approbation of the whole 
community. " As we are under difficulty in these upper coun- 
ties," wrote they, "concerning the jurisdiction of government, 
and are under the censure of a set of factious and officious peo- 
ple, who are trying to carry the committee to Albany to be 
tried by the Supreme Court, and the above-mentiond Stratton 
to be tried by a Court Martial, which would prove fatal for him 
and very troublesome for the committee, if your Excellency 
should think what the committee has done to be sufficient, and 
according to true policy, then we pray for your concurrence." 
Whatever may have been the reply of Governor Clinton, no one 
can deny that the course pursued by the committee, though dic- 
tated by humanity, was yet subservient to the ends of justice.* 

While the favorers of the jurisdiction of ISTew York, residing 
in Cumberland county, were thus strenuous in punishing the 

* George Cliatou Papers, in N. Y. State Lib., vol. ii. docs. 490, 494. 



1778.J SIMON STEVENS. 319 

enemies of the United States, they were no less active in their 
endeavors to resist every infringement of their rights, whether 
attempted by open foes or false friends. Simon Stevens of 
Springfield, who had formerly held office under New York, had 
of late been appointed a Lieutenant-Colonel in the Yermont 
militia. Before he received his commission, or decided to ac- 
cept it when it should come, he wrote letters to several captains 
desiring them to raise their quota of men for the American ser- 
vice, and on being questioned as to the state from which he 
derived poM-er, replied that he " did not think it best to be too 
critical in examining by what authority" soldiers were raised. 
He also declined signing the protest " against the pretended 
state of Yermont," which had been adopted by the inhabitants 
of several towns, but gave as a reason, a promise he had made 
not to act in favor of New York until the return of the agents 
whom " the Council of the new state were about sending to 
Congress." As to the shrievalty of Cumberland county, an 
office to which the government of New York were inclined to 
appoint him, he stated that he had concluded to write to the 
Assembly of that state, and provided they would engage to in- 
demnify him against any damage he might suffer, to accept it, 
but on no other terms. At the request of a number of the in- 
habitants of Brattleborough, these facts, which were known to 
Micah Townsend, of that place, were certified by him and sent 
to Governor Chnton, on the 27th of May. Accompanying this 
statement was another addressed to the Governor and Council 
of Appointment, and signed in pursuance of a unanimous order 
of the people of Brattleborough in town meeting assembled, by 
Samuel Warriner, the moderator. In this the declarations of 
Townsend were uj^held, and the appointment of Stevens as 
sheriff was represented as an act which, if consummated, would 
deprive the people of their privilege of electing representatives 
to the Assembly for the ensuing year. Major Hilkiah Grout 
was recommended as a proper person for this ofiice, and acqui- 
escence in the recommendation was expressed by the committee 
of Hinsdale.* 

* In a letter written to Governor Clinton by Pelatiah Fitch, chairman of the 
committee of Cumberland county, dated July Ist, 1778, occurs this paragraph, 
which marks the sentiments of the Vermont adherents towards Grout, and shows 
on what ground his nomination was not recommended by the committee of Cum- 
berland county. " The reason of Jkliijor Grout's not being recommended to your 
Excellency for the shrievalty is, that as tlie election was not likely to be held as 
soon as was expected when he was recommended by the town of Brattleborough, 



320 HISTORY OF EASTERN VERMONT. [1778. 

Bj a vote of the convention of Committees which was held 
at Brattleboi'ongh in the previous month, Micah Townsend and 
Israel Smith had been directed to send one copy of the protest 
which was then drafted " to the press at Hartford in Connecti- 
cut," one " to the Assembly of the pretended state of Yermont," 
and another to Governor Clinton. In making the last transmis- 
sion on the 27th of May, they informed his Excellency that sub- 
mission to the new state had not been as cheerfully accorded as 
had been desired by its advocates ; that in that section of the 
county no soldiers had been enhsted for the completion of Col. 
Warner's regiment, not even in those towns in which were to 
be found " the warmest advocates for a new state ;" that this 
conduct was explainable by the fact that the people did not 
deem it proper to obey their rulers, when obedience was 
inconvenient ; that the nmnber of those who had taken the 
oath required by the constitution of Yermont previous to voting 
at election, was in Cumberland county small, and througliout 
the " Grants" inconsiderable when compared with the popula- 
tion. Referring to the opinions entertained of the continuance 
and stability of Yermont as a separate and independent govern- 
ment, they remarked : " It is with real concern we are able to 
acquaint your Excellency that it is too general a topic of con- 
vei'sation among the enemies of New York state, that they will 
maintain their new state, even if Congress should be opposed to 
it, because they had as good a right to declare themselves inde- 
pendent of New York, as the Congress had of Great Britain. 
To what lengths this doctrine will lead them may easily be seen. 
It appears absolutely necessary to the friends of New York 
state in this part of the country, that Congress should, in an 
explicit manner, recommend to these people to yield their alle- 
giance to the state of New York, before they have time to 
reason themselves out of their senses. K it is not done soon, it 
will perhaps be omitted till none of them will pay any regard 
to the recommendations of Congress. Besides, as we are not 
likely to be troubled this summer with any considerable body 
of British troops, it seems to be the most favourable season for 
settling internal tranquillity, and enabling this extensive part 
of the country to act in the common cause with vigour and 

and as he by his situation is much exposed to ill-treatment from the New State's 
Men, he has chosen to decline serving in that oflBce at present, seeing it cannot be 
of disservice to the state of New York." — George Clinton Papers, in N. Y. State 
Lib. vol. V. doc. 1555. 



1778.] LETTER OF GOVEEXOR CLINTON. 321 

unanimity, when the circumstances of this continent may re- 
quire it. - 

To the gentlemen who had addressed him this communica- 
tion, Governor Clinton replied on the 3d of June, in a man- 
ner which proved his hearty acquiescence in. their determi- 
nation to uphold the authority of New York. " It is with plea- 
sure," he wrote, " I find that a considerable number of the 
inhabitants on the ' Grants' are so attentive to the dictates of 
reason and justice, and possessed of so much spirit as publicly 
to oppose the ridiculous and destructive schemes of erecting 
those lands into an independent state. I was in hopes that in 
consequence of the generous and equitable terms held out in 
my late proclamation, the whole country, whatever injuries 
they might have received from the former, would be convinced 
that the present government was disposed to do them amj^tle 
justice, and consequently that they would again have acknow- 
ledged its jurisdiction. 

" "What will be the event of this affair, it will be impossible 
for me to presage ; yet as the Legislature appear to me equally 
determined ' to decide every case respecting the controverted 
lands according to justice and equity without adhering to the 
strict rules of law,' and to assert and maintain their authority 
over them at all events, I may venture to declare, that should 
these imprudent people still persist in their ill-judged and un- 
justifiable measures, that the consequences will be serious and 
melancholy, and to them particularly ruinous and destinictive." 

To increase the power of the jurisdiction of New York, and 
facilitate the administration of justice, he recommended the 
preparation of a list of the names of those capable of filling 
civil and military stations in the county. He urged them to 
use the " utmost candour and impartiality" in their selec/tion, and 
to propose no persons except " in consequence of their merit and 
abilities." Tlie list which they should send he promised to pre- 
sent to the Council of Appointment for their approval. While 
he assured them that he should bring before the Legislature at 
their next session, the papers which he had received relative to 
the immediate results of the controversy, he also informed them 
that the shortness of the session would scarcely allow the dis- 
cussion of that subject. "When the new Legislature should 
convene in the fall, he expressed a hope that they would be 

* George Clinton Papers in N. Y. State Lib., vol. v. docs. 1435, 1436, 1437. 

21 



22 HISTORY OF EASTERN VERMONT. [1778. 

able to attend to the settlement of the affairs of the state, "with- 
«.»ut prejudice to the cause of America, and adopt measures 
which should compel obedience to the laws of New York. "In 
the mean time," said he, " let me recommend it to you, and 
every other person attached to this state, to persist in your op- 
position, and upon every occasion to bear your testimony against 
those unwarrantable proceedings."* 

Copies of this letter were forthwith sent to every town of 
note in Cumberland county, and in consequence of the recom- 
mendations Avhich it contained, the committees of Brattle- 
borough and Guilford were authorized to prepare a list of 
nominations, civil and military, for the assistance of the Council 
of Appointment. In his letter to Governor Clinton enclosing 
the result of their deliberations, Pelatiah Fitch, the chairman 
of the committees, remarked upon the difficulties which had 
attended the selection of proper persons, owing not only to the 
existence of three parties in the county — " Yorkers," " Yer- 
monters," and " Neutrals" — ^but also to the fact that a number 
of the prominent friends of New York had been drafted, by 
Yermont authority, to serve in Col. Warner's regiment. He 
also informed the Governor, that the officers of Yermont were 
then engaged in many towns in settling the valuation of per- 
sonal estates for the purpose of levying a tax, and that they 
were in general strenuous in maintaining the government of 
Yermont. He signified his intention of obtaining a retm'n of 
the inhabitants of the towns represented by the committees 'of 
which he was chairman, together with such information as he 
could gather touching their views respecting the new state ; 
returned " sincere thanks" for the proclamation of February 
23d, " and for the salutary measures taken for restoring peace 
and internal tranquility ;" and expressed his fears, should an 
attempt be made to hold a court under the authority of the 
state of New York before an express resolution on the subject 
was obtained from Congress, that force would be used to pre- 
vent the session. " In this critical situation," wrote he, " when 
their persons and properties are exposed to the lawless invasion 
of a rude rabble, or the exasperated leaders of an imperfect, 
unsettled government, except violence should be opposed to 
violence, the friends of New York state cannot but most ar- 
denly w^ish that Congress would immediately interfere in the 

* George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1464. 



177S.] Clinton's reply to pelatiah rncH. 323 

most direct manner and settle this internal contest, Tlie inte- 
rest of the state of New York also calls loudly for a speedy end's 
being put to the present dispute, as the authorities of Vermont 
have very lately confiscated and sold several valuable estates, 
and doubtless will continue the practice as long as their neces- 
sities require i-t, and they can find any, the least pretence for so 
doing. We therefore most earnestly entreat your Excellency 
to press Congress for a speedy determination of the matter, and 
in the mean time, to direct us in what manner to conduct our- 
selves."* 

In reply to Mr. Fitch, Governor Clinton informed him, on 
the Tth of July, that the list of civil and military nominations 
had arrived subsequent to the adjournment of the Council of 
Appointment ; that as the members of that body resided in 
difierent parts of the state, he could not immediately convene 
them; that 'he would d^ so, however, "with all possible dis- 
patch," and, as soon as the commissions should be issued (the 
names in which, he did not doubt, would accord with the re- 
commendations), would transmit them by express. Other topics 
to which reference had been made in Mr. Fitch's letter were 
disposed of in these words : 

""We are still waiting with anxious expectation the result of 
our application to Congress to interpose in this affair, and can 
impute our not receiving an answer only to their being engaged 
in those very important matters which you may easily suppose 
at present to engross their attention. I have, notwithstanding, 
by a special conveyance, this day inlbrmed them that di-afts 
were making under the authority of the pretended state of 
Vermont to complete Col. Warner's regiment ; that though we 
were willing that the main business of advising means for set- 
tling the controversy should be deferred till the more important 
and urgent business of the continent is so far completed as to 
admit of leisure, yet that for the present we must insist upon an 
immediate and positive disavowal of this extraordinary exercise 
of authority, and express orders to Col. Warner (their ofiicer) 
not to receive any of the drafts into his regiment, or in any 
wise countenance the measure. 

" I would still, as upon a former occasion, earnestly recom- 
mend a firm and prudent resistance to the drafting of men, 
raising taxes, and the exercise of every other act of government, 

* George Clinton Papers, in K. Y. State Lib., vol. v. doc. 1555. 



324 mSTORT OF eastern VERMONT. [1778. 

under the ideal Yermont state, and in such towns where our 
friends are sufficiently powerful for the piu'pose, I would ad- 
vise the entering into associations for the mutual defence of 
their persons and property against this usurpation. 

" You will readily perceive that until we have received the an- 
swer of Congress, and the Legislature have declared their sense, 
it is impossible for one to advise except only in general terms. 
Your own prudence and discretion must determine the true 
line of conduct, whicli I trust will be consistent with the sacred 
obligations of allegiance and the characters of men who dare 
oppose lawless domination and power, whether attempted to be 
exercised by a single tyrant or a misguided multitude."* 

On the same day he wrote to Gouverneur Morris, a member 
of the New York delegation in Congress, expressing his surprise 
that so little attention had been given the Yermont business — 
a subject in which one of the states was "so deeply interested, 
and in which the honor and perhaps the future peace of the 
whole were so intimately concerned." This letter was followed, 
on the 8th, by another addressed to Henry Laurens, the president 
of Congress, in which Clinton described, with an earnestness 
which bespoke the sincerity of his sentiments, the peculiarity 
of the situation of the "well-affected" inhabitants of Cumber- 
land county, and the persevering attempts which some of the 
■" deluded inhabitants" were making to effect a separation from 
Xew York. Referring to the draft of every fourth man in the 
state, which had been ordered by the Yermont Legislature, for 
the purpose of completing Col. Warner's regiment, he prayed 
for the passage of a resolution in Congress whicli should con- 
demn the measure, and restrain Col. Warner, by " a positive 
order," from receiving any of the men who might be sent him. 
" This," said he, " appears to be necessary to prevent the im- 
mediate shedding of blood ; and without it, I fear all those 
calamities and misfortunes which are the natural attendants of 
a civil M-ar." ISTotwithstanding this appeal. Congress neglected 
to comply witli the request of Governor Clinton. Meantime, 
the adherents of Yermont were busily engaged in strengthening 
^:heir government and in increasing the number of their sup- 
porters, not only in their own state, but in the other states of 
the Union.f 

* George Cliuton Papers, in N. Y. State Lib., toI. v. docs. 1567, 1568. Wil- 
liams's Hist. Vt., 1st e<l. p. 247 : 2d ed. ii. 180. 

f George Clinton Papers, in N. Y. State Lib., vol. v. docs. 1570-1572. 



1778.] SENTIMENTS OF THE INHABITANTS. 325 

In compliance with the promise made to Governor Chnton 
by Pelatiah Fitch as chairman of the committee, an attempt 
was made during the month of August, to ascertain whether 
the majority of the voters in the southern part of the county, 
would support the jurisdiction of Vermont or New York. From 
some of the towns interrogated, no answer was received, but 
from the reports obtained, and from an examination of other 
sources of information, it appeai-ed that in the towns of Hins- 
dale, Guilford, Halifax, Brattleborough, Marlborough, Draper, 
Fulham, Newfane, Putney, Westminster, Springfield, and 
"Weathersfield, there were at the time of the enumeration about 
four hundred and eighty voters who supported the jurisdiction 
of New York, three hundred and twenty who supported the 
jurisdiction of Yermont, and one hundred and eighty-five who 
were neutral in opinion. Although this statement was favora- 
ble to New York, yet it must be remembered that of those 
who were friendly towards this state, many were prepared to 
declare their allegiance to Yermont if strenuous measures were 
not soon taken to protect them in the exercise of their rights, 
and further, that of those who were neutral in opinion, nearly 
all of them might be considered as the well-wishers, if not the 
advocates, of the new state.* 

On the 12th of March, a petition had been presented to the 
Yermont Legislature by a number of towns in New Hampshire, 
jDraying that they might be allowed to become a part of the 
former state, and subject to its jurisdiction. The application 
having been entertained in the Assembly for several days, was 
finally submitted to the people. When the discussion of the 
subject was renewed, on the 11th of June, at the summer session 
of the Legislature, thirty-five of the representatives, expressing 
the views of the towns to which they belonged, declared iil 
favor of the union, and twelve against it. Sixteen towns were 
accordingly added to the territory of Yermont. These were 
Comish, Lebanon Dresden,! Lime,:}: Orford, Piermont, Haver- ] 
liill, Bath, Lyman, Apthorp,§ Enfield, Canaan, Cardigan,! 
Landafi", Gimthwaite,*!" and Morristown.** Although no act was 

* See Appendix J. 

f A name given to the district belonging to Dartmouth College, but used only i 
for a short time. 
:}: Now Lyme. 

§ Now divided into the towns of Littleton and Dalton 
I Now Orange. Tf Afterwards New Concord, now Lisbon. 

** Now Franconia. 



326 HISTOEY OF EASTERN TEKMONT. [1778. 

passed to that effect, tliey were regarded as a portion of Cum- 
berland county, and were so referred to wlienever it became 
necessary to legislate concerning tbem. On the ITth of June, 
judges were appointed for Westminster and !Kewbury, the two 
shires of Cumberland county, and the jurisdiction of the judges 
was understood to extend over that part of New Hampshire to 
which the revolted towns had until now belonged. At the 
session in October, more energetic measures were taken to 
establish in Cumberland county the machinery of law, in order 
to enable the new state to compel obedience to its authority. 
Justices of the peace were appointed in eighteen towns, and 
two of the probate districts were supplied with judges. In the 
shire of Cumberland the superior court was ordered to hold a 
session at Westminster, on the second Thm'sday in March, 
1779, and in the shire of l!^ewburv, at the town of I^ewbury, 
on the second Thursday of September, 1779, The first session 
of the court, however, was held at Bennington on the 10th of 
December, 1778. On that occasion, persons who had been 
charged with committing crimes in Cumberland county, were 
conveyed across the mountains for trial. Among the complaints 
presented by John Buruum, Jr., the state's attorney, was one 
against Titus Simonds of Hertford, charging him with " inimi- 
cal conduct" towards Yermont, and the United States, in that 
he, on the 4th of September, 1777, " did go over to the enemy, 
and aid, and assist them against the said states." The friends 
of ]^ew York, when they saw that the laws of Yermont were 
prevailing, determined to assert whatever power they had, and 
counteract the current which was setting in against them. 
Tliough they could not establish and maintain a superior court, 
yet justices of the peace, and other officers both civil and 
military were created in different parts of the county, and 
many towns were thus provided with two sets of officials, one 
of Xew York, and the other of Yermont appointment, both 
striving to further the ends of justice, and each endeavoring to 
frustrate the attempts of the other.* 

Ever since the sixteen Xew Hampshire towns had been ad- 
mitted into union with Yermont, great dissatisfaction had pre- 
vailed on both sides of the Connecticut among those who were 
opposed to this act. In vain were all the efforts of the Legis- 

* Slade's Vt. State Papers, pp. 89, 90, 2*71, 2*74, 284. MS. Counca Records of 
Vt. MS. Complaint of John Burnum, Jr. 



1778,1779.] ENACTMENT OF LAWS BY TUE LEGISLATUEE. 327 

lature of Yennont to restore peace. The experiment of annex- 
ation, hazardous in the beginning, began now to assume an as- 
pect threatening the very foundation of the new state. In this 
crisis, the General Assembly, on the 23d of October, 1778, re- 
solved to lay the subject before their constituents and request 
them to instruct their representatives how to proceed in relation 
to this unfortunate connection at the next session of the Legis- 
lature. The impolicy, as Avell as the injustice " of aiding in the 
dismemberment of ISTew Hampshire," was too apjjarent to the 
friends and supporters of Yermont, to admit of a doubt of the 
course proper to be pursued. On the 12th of Februaiy, 1779, 
the instructions of the representatives on this point were can- 
vassed, at the winter session of the Legislature, and in confor- 
mity with these instructions, tlie union was declared " totally 
void, null, and extinct." On the 17th of March, soon after the 
announcement of this result, a petition was presented to the 
Legislature of New Hampshire, praying that the whole of the 
" Grants" might be " coimected and confederated" with that 
state. The majority of the committee to whom this petition 
was referred, reported favorably, but when the question upon 
the adoption of the report was taken, on the 2d of April, the 
further consideration of the subject was laid upon the table. 
At the following session the report was taken from the table, 
and having been received and accepted by the House on the 
21:th of June, was readily concurred in by the Council. So 
complete was the change, that Yermont, instead of occupying 
the position of an encroaching state, found herself the subject 
of a demand which, should it be successful, would put an end 
to her sej)arate existence, unless Congress should interfere, and 
agree to receive her as the fourteenth state in the confederacy.* 
The February session of the Yermont Legislature continued 
sixteen days, during which time ne-arly one hundred acts were 
passed for regulating such matters as required immediate at- 
tention. Yarious laws ostensibly introduced for the benefit of 
the whole state, but more particularly intended to affect the 
county of Cumberland, were enacted, while others were passed 
with a direct reference to the affairs of this county. Li order 
to increase the revenue of the state, the estates of those inhabit- 
ants of Cumberland county who had joined the enemies of Yer- 
mont and of the United States were, on the 16th of February, 

* Slade's Yt. State Papers, pp. 101-105. 



328 HISTORY OF EASTEEN \':EKM0NT. [1779. 

declared confiscated and subject to be employed for such pur- 
poses as might be prescribed. Major Thomas Chandler was, on 
the 30th of April, appointed commissioner for the sale of con- 
fiscated estates in Rockingham, Chester, and Westminster. 
Capt. Ebenezer Curtis was chosen to the same office on the 16th 
of July, with jurisdiction in the towns of Windsor, Hertford, 
Woodstock, and Reading. On the 10th of June, 1780, Timothy 
Bartholomew was vested with similar powers in the towns of 
Norwich, Sharon, Thetford, Stratford, Fairlee, and Mooretown. 
Meantime the court of confiscation was established on a differ- 
ent basis, and the powers which had formerly belonged to it 
were, on the 2d of June, 1779, vested in the Governor and any 
four of his Council. Satisfactory evidence having been produced 
against a number of persons wlio had joined the enemy, several 
valuable estates in Cumberland county became, in consequence, 
the property of Vermont. These estates had previously been 
owned by Capt. Timothy Lovell of Rockingham, Andrew Nor- 
ton of Windsor, William Paterson and Crean Brush of West- 
minster, Samuel Gale of Brattleborough, Zadock Wright of Hert- 
ford, Titus Simonds and Charles Ward Apthorpe. In accord- 
ance with the instructions under which the commissioners acted, 
deeds of the property sold were given " in the name and behalf 
of the representatives of the freemen" of Yermont, and great 
care was taken that those who purchased should be firmly 
secured in their possession.* 

For several months no open disturbances between the partisans 
of Vermont and New York had occurred, and so little had the 
opposing parties interfered in the affairs of one another, that 
hopes were entertained that it would be possible, without 
hindrance, to hold an election for the purpose of choosing a 
representative to sit in the Legislature of New York. But this 
temporary calm was not the prelude of settled weather. No 
sooner were com'ts of justice established in Vermont, than pro- 
secutions were commenced against the subjects of New York, 
whenever an occasion was presented, and what had been before 
dishke and opposition became now animosity and hatred. By 
the fourth article of the Declaration of Rights of Vermont, 
" the sole, exclusive, and inherent right of governing and regidat- 
ing the internal police" of the state was vested in those of the 



* Slade's Vt. State Papers, pp. 287-388. MS. Records Gen. Ass. Vt, 1119. In- 
structions to Commissioners of Confiscation. 



1779.] CONDUCT OF VERMONT OFFICEKS. 329 

inhabitants who acknowledged its jimsdiction. By the nine- 
teenth section of the Constitution, it was necessary that all com- 
missions should be in the name of the freemen of the state, 
sealed with the state seal, signed by the governor, and attested 
by the secretary. Owing to a failure on the part of those who 
acknowledged the jurisdiction of New York to recognise these 
facts, trouble not unfrequently arose. The course pursued by 
the officers of Vermont in enforcing their laws, is shown in the 
following incident. 

Ililkiah Grout, a citizen of Weathersfield, not only acknow- 
ledged the jurisdiction of New York, but had received the 
commission of a justice of the peace from that state. Being 
requested as an officer of New York, by "VYilliam Oliver, a 
gentleman from New Hamphire, to take the depositions of a 
number of persons who resided on the banks of Otter creek, 
whose testimony was to be used in the superior court at 
Exeter, before which court affidavits witnessed by Yermont 
officers were not deemed valid, he set out from home with 
Oliver on the 16tli of February, and on reaching the town of 
Shrewsbury prepared to remain there until Oliver should find 
tlie persons whose e^adence was desired. On the 17th, towards 
evening, Oliver returned Avith the witnesses, and their state- 
ments were sworn to and subscribed in due form. About two 
o'clock on the morniag of the 18th, the house in which Grout 
lodged was surrounded by seven men, "armed with guns, 
swords, bayonets," and other weapons. Having obtained ad- 
mission to the building, they seized the justice and conveyed 
him to Kutland, showing him no abuse except by their " surly 
look." A court of inquiry, composed of a number of the officers 
in Col. Seth Warner's regiment, was soon after organized at Fort 
Ranger, " to examine and hear the evidence for and against 
such prisoners" as should be brought before them. By order 
of Capt. Gideon Brownson, commissioner, the court proceeded 
to try Ililkiah Grout, charged by two of the citizens with being 
engaged with certain others his associates, in " planning some- 
thing very enemical to the United States of America." Tlie 
prisoner pleaded not guilty, and the court, after hearing the 
evidence, decided that the charge was not supported. This 
judgment was approved of by Capt. Thomas Lee, the presiding 
officer, and Grout was set at liberty. 

No sooner had he obtained his dismissal, than he was again 
arrested on a warrant from Benjamin Whipple, a justice by 



330 UIsTOliY OF EASTEKX VEEMONT. [1779. 

appointment from Yermont, in -wliicli lie was described as " a 
transient person, who pretends to officiate in this state in the 
character of a justice of the peace, not having authority derived 
from the freemen of this state as stipulated by the constitution." 
The writ was made returnable " as soon as conveniently may be, 
before the subscriber" at the house of William Roberts. On the 
examination held on the 19th, Reuben Squire testified that Oliver 
had introduced Grout to him as a justice of the peace, and had 
desired him, his wife, ^nd his daughter, to testif}' before Grout 
" concerning a piece of Holland cloth." Charles Button also 
made affidavit, that he, at the request of Oliver, had been at the 
house of Lemuel White, in Shrewsbury, and had there taken 
an oath, and borne witness before Grout as a justice, in a case 
then pending between Oliver and one West. Abel Spencer and 
Lemuel White testified to the same efiect. The charge in the 
warrant being supported. Grout was ordered to procure bonds 
in the sum of £1,000 lawful money for his appearance before the 
superior court at their session in June, or in default to be com- 
mitted " to close gaol." Bonds having been given, the prisoner 
was released. On his return home he wrote to Micali Townsend, 
of Brattleborough, and, in the account which he gave of the 
aftair, referred to the forbearance of the Yermonters, by declaring 
that he had " neither been whipped nor insulted." Oliver, at 
whose suggestion he had undertaken his official journey, was 
brought before the same tribunal by which Grout had been 
adjudged guilty, and was mulcted in a fine of £5, and in costs 
£3, " for introducing an unconstitutional justice into the state 
of Yermont." 

When the superior court assembled at Rutland, on the 10th 
of June, Grout was tried on the charges which had been sub- 
stantiated at the examination. His only defence was a denial 
of tlie jurisdiction of Yermont. The coiirt, however, refused to 
hear the reasons which he wished to present in supj)ort of this 
denial, and adjudged him guilty of " treasonable practices" 
against the state. He was ordered to pay a fine of £120 law- 
ful money, to which were added the costs of the suit, making 
the whole sum more than £180. I^ot considering it advisable 
to submit to this exaction, as he deemed it, he notified a deter- 
mination to that efiect to the clerk of the court, and was informed, 
that in case the money was not paid, execution would immediately 
issue, unless he should ask it as a favor of the court to stay pro- 
ceedings for a few months. "I was not," wrote Grout to 



1779.] SEVEKi: SENTENCE FOIi DEFAMATION. 331 

Governor Clinton, " in a temper of mind to ask any favours of 
tliem, and so returned home." The slieriif of Cumberland 
county was thereupon commanded to levy upon liis goods and 
chattels, and after disposing of them in accordance with the 
laws of tlie state, to place a portion of the proceeds equal to 
the amount of the mulct in the hands of the state treasurer.'^ 

At the February session, an act had been passed for the punish- 
ment of defamation. By one of its provisions whoever should 
vilify any court of justice, or its sentence or proceedings^ or 
traduce any of its magistrates, judges, or justices, on account of 
any act or sentence therein promulgated, was, on the conviction 
of the oflence, made liable to punishment by iine, imprison- 
ment, disfranchisement, or banishment. On account of the 
license in language which then as now prevailed, an opportu- 
nity was soon presented for trying the efficacy of this act. 
Nathan Stone, a citizen of Windsor, but a Yorker in prin- 
ciple, having been charged with using " reproachful and 
scandalous" words on the 15th of March concerning the "• au- 
tliority" of the state, was arraigned before the superior court 
at Westminster. On examination, it was proved that in the 
presence of " many good and faithful subjects" of the state, he 
liad said to the sheriff, John Benjamin, "God damn you and 
your governor, and council." He pleaded guilty to the charge, 
and judgment having been rendered against him on the 26tli of 
May, he was fined £20 lawful money and costs, and was 
obliged to give bonds in the sum of £1,000, as a guaranty for 
his future conduct.f 

* Slade's Vt. State Papers, pp. 244-251. MS. records of Vt. courts. George 
Clinton Papers in K Y. State Lib., vol. vii. docs. 2095, 2198; vol. viii. doc. 2464. 

\ MS. Court records. Slade's Vt. State Papers, p. 382. The session of the court 
at which Stone was indicted was the first ever held in Cumberland county. The 
first cause tried in the session was that of Pompey Brakkee of Chester, a negro, 
plaintiif, against Elijah Lovell of Rockingham, defendant. The exact nature of 
tlie complaint does not appear, but the court awarded to Brakkee, damages in 
the sum of £400 lawful money to be recovered of the defendant with costs. 



CHAPTER Xni. 

CONFLICT OF JUKISDICTIONS. 

Vermont Militia Law — Obedience to it refused in Putney — Sergeant McWain 
endeavors to enforce it — Resistance is offered — Friends of New Tork convene at 
Brattleborough — Letter from Col. Patterson to Gov. Clinton — Clinton to Samuel 
Minott — Clinton to John Jay — Thirty-six Yorkers arrested and lodged in the 
Jail at Westminster — Ethan Allen — His tyrannical character — Trial of the 
Yorkers — Allen incensed at the Proceedings of the Court — His Indignant Speech 
— The Plea of the Yorkers — They are declared Guilty and Fined — Letter from 
Ira Allen to Benjamin Bellows — Act to prevent the Exercise of Authority not 
derived from Vermont — Proclamation of Gov. Chittenden — Information of the 
Treatment of the Yorkers communicated to Gov Clinton and to Congress — 
Course of Congress — Letter from Gov. Clinton to Samuel Minott — Clinton to 
Washington — Clinton to Jay — The Committees of Six Towns in Cumberland 
County to Clinton — Micah Townsend to Clinton — Resolves of Congress — Further 
Attempts of Vermont Officers to enforce Obedience to the Laws of the State — 
Letter from the Committee of Congress to Samuel Minott — Gov. Chittenden to 
a Friend — Doings of the Committee — Convention of the Yorkers — Their 
Petition to Congress — Their Letter to Gov. Clinton — Action of the New York 
Legislature — Letter from Gov. Chittenden to President Jay — Proceedings in 
Congress relative to Vermont. 

Meantevie events which marked with greater clearness the differ- 
ences between the contending parties residing in Yermont were 
attracting general attention. In the act passed at the February 
session of the Legislature of that state, for forming and regulat- 
ing the militia, and for encouraging " military skill," power 
was given to each cai3tain or commanding officer of a militia 
company, in obedience to an order to that effect from the 
governor, to draft men within the district over which his com- 
mand extended. Any soldier who should refuse to serve, was 
obliged to forfeit and pay the sum of £18, to be recovered "by 
bill, plaint, or information." In default of goods or estate, he 
was to be " disposed of in sermc^'^ to some citizen of Vermont 
or of the United States, so to remain until the hability was dis- 



1779.] THE VEinUlNT MILITIA LAW. 333 

charged, " any law, usage, or custoni^ — to the contrary not- 
withstanding." Provision was also made for raising men by 
the following method. The captain or commanding officer 
having first taken the advice of his under officers, was author- 
ized to make a roll of those whose services he had a right to 
demand, and divide them into classes equal in number to the 
number of men required. Each class was ordered to furnish a 
man, and in case of refusal to comply with this regulation, the 
commanding officer was directed to hire one man for every 
class neglecting or refusing, and pledge the faith of the state 
for the payment of his wages. To defray the charge, the com- 
manding officer w^as further directed, after taking counsel with 
his subordinates, to collect the amount of the sum expended, 
from the members of each class for which a man had been 
hired, particular reference being had in equalizing the assess- 
ment to modifying circumstances, such as past services and the 
estates of persons. Any goods or chattels seized in order to 
satisfy the assessment were to be sold by public vendue, and 
any overplus, after discharging the liability, was to be returned 
to the owner or owners of the property sold. Such were the 
regulations under which the militia establishment of Vermont 
was to be maintained. 

In conformity, as was reported, with advice received early in 
the spring from Brigadier-General James Clinton, the com- 
mander-in-chief of the northern department, orders were issued 
by the Vermont Board of War, during the month of April, 
directing a levy of men for the service, not only of the state 
but of the United States, in guarding the frontier settlements. 
As Governor Clinton was informed that a draft had been made 
by the authority of the " pretended state of Vermont," predi- 
cated on advice from a high quarter, he communicated the 
intelligence to his brother James on the 21st of April, and took 
occasion at the same time to remind him of the necessity of 
continuing to act with the utmost caution towards " those 
designing and turbulent people," the Vermonters, and " to avoid 
giving them even the least shadow of encouragement in the 
exercise of their undue authority." Li his reply of the 28th, 
General Clinton remarked, that he had always been very care- 
ful in his conduct towai'ds the supporters of the usurped 
authority, and suggested that the assertion made by them con- 
cerning himself, must have been founded on the advice he had 
given them on their frequent application for troops, the effect 



334 HISTORY OF EASTERN VERMONT. [1779. 

of wliicli Avas " that they should have a number of their militia 
ready to turn out on the shortest notice." 

Among those engaged in drafting men under the militia law 
above referred to, was one "William McWain, a sergeant in 
Capt. Daniel Jewet's company, which company formed a part 
of the first regiment of the state militia, commanded by Samuel 
Fletcher. The Vermonters readily consented to enlist or j^ay 
their proportion as directed by the state. Not so the Yorkers. 
To them obedience in military afiairs to a state whose jurisdic- 
tion they did not acknowledge, was flagrant abandonment of 
principles. Many of them on this account refused to serve, or 
pay their proportion towards hiring men to go in their stead. 
Prominent in their opposition to these regulations were Capt. 
James Clay, Lieut. Benjamin "Willson, and a certain Mr. Cum- 
mings, all of Putney. To no purpose did McAVain represent to 
them the dangers they were incurring, by refusing to comply 
with the requisitions of the state. Their course they had 
already decided upon, and from it they were not to be turned. 
Prompt in the performance of his duty, McWain informed them 
of the amount of the fine to which they had subjected them- 
selves and demanded payment. Payment was refused. The 
sergeant then proceeded to levy upon their estates to satisfy 
the claim, and on the 21st of April, took into his possession two 
cows, one belonging to Clay and the other to "Willson, and 
gave notice that a week hence they would be disposed of in 
Putney at public outcry. An opportunity was now offered to 
the Yorkers to resist. This they determined to do. Informa- 
tion of the time and place of the sale was accordingly conveyed 
to a few of the residents in the neighboring towns who were 
friendly to New York, and, on the morning of the 28th, near 
one hundred of those who had received notice assembled, un- 
armed, in Putney. Tliey were principally members of Col. 
Eleazer Patterson's regiment, and were under his charge and 
that of his field ofiicers. To oppose a force like this, the Ver- 
mont sergeant was not prepared. Still he was unwilling to 
stop or postpone the sale. Vainly did the Yorkers endeavor 
by calm argument to convince him of the impropriety of his 
conduct, and persuade him to give up the cows. Satisfied that 
force alone could avail, they took possession of the- cattle with 
but little difiiculty, restored them to the owners, and returned 
without further disturbance, to their homes. 

On the 4th of May following, the committees of Hinsdale, 



17Y9.] PETITION TO GOVERNOR CLINTON. 335 

Guilford, Brattleborougli, Fulham, Putney, Westminster, Rock- 
ingham, Springfield, and AYeathersfield, "chosen for the pur- 
pose of ojiposing the pretended state of Yermont," convened 
at Brattleborough, and prepared a petition, addressed to Go- 
vernor Clinton, and signed by Samuel Minott, chairman, in 
tlieir behalf. In this paper, they set forth the disadvantages 
under which they had labored from being compelled to hve 
without the benefits arising from a well regulated government, 
and described, in language indignant yet respectful, the annoy- 
ances to which the temporizing measures of Congress had sub- 
jected them. They referred to the hope they had entertained, 
that Congress would use " the first moment they could spare from 
more important concerns, to recommend to the revolted subjects 
of the state a return to their allegiance," and stated the reasons 
which had led them to indulge this hope. " We were encou- 
raged to expect it," said they, " not only as the revolt establish- 
ed a precedent which might be dangerous in other states, and 
as the continent could derive no assistance of consequence from 
the ' Grants,' either in men or money, while they remain under 
a disputed government, but because the states had confederated 
for their mutual and general welfare, and bound themselves to 
assist each other against all force offered to, or attacks made 
upon, any of them, on account of sovereignty or on any other 
pretence whatsoever." 

As the result of this apathy on the part of Congress, they 
made mention of the losses which the United States had suffer- 
ed in the confiscation of the estates of Tories by the new state, 
the proceeds from which would, under a difierent management, 
have gone to supply the national treasury. Tliey also enume- 
rated the indignities to which they had been forced to submit, 
and the measures which they had been obliged to adopt to 
suppress the machinations of their foes. Assuming, then, a 
right to protection from the government whose jurisdiction they 
acknowledged, which right, if it needed confirmation, had. been 
confirmed by the solemn engagement of the Legislature of 
New York, to concur in such measures as might be necessary 
to protect their constituents — assuming this right, they de- 
manded a "speedy and effectual execution" of the promise 
which had been made them, and prayed for the adojjtion of 
measures which would convince Congress of the impropriety 
of further delay. " We shall otherwise," said they, " be com- 
pelled to obey a government which we view as a usurpation, 



336 HISTORY OF EASTERN VERMONT. [1779. 

and add our strength to oppose one wliicli "^e conceive entitled 
to our dutiful obedience and support."^ 

On the 6th of May, Col. Patterson wrote to Gov. CHnton an 
account of the disturbances which had occurred in Putney. 
He also stated that in Fulham some of the subjects of JSTew 
York, choosing rather to submit than to contend, had lately 
beeu deprived of their property by the direction of Vermont 
officials, and that in Guilford a tax had been levied upon those 
who it was supposed had done least in support of the war, which 
tax the collectors had not as yet been able to realize, on ac- 
count of the strength of the opposition. He further expressed 
his fears lest the attempts which liad been made in Westmin- 
ster and Rockingham by the Yermonters to draft Yorkers, 
would end in broils, as the parties in those towns were nearly 
equal.f Li anticipation of combined and strenuous efforts, on 
the part of the Yermonters, to seize the property and persons of 
such as refused to acknowledge their authority, he asked for 
advice, and suggested the necessity of issuing orders to the 
militia of Albany county to hold themselves in readiness to 
afford him assistance. Although unable to present an exact 
return of his command, he estimated it at five hundred, officers 
and men included, who were " but poorly armed," and almost 
destitute of ammunition. Unless the Legislature of New York 
should give the desired aid, he announced his determination 
to resign his commission and retire from the public service. 
This letter and the petition, were entrusted to Micah Townsend, 
who delivered them to Governor Clinton at Kingston.:}: 

On the l-lrth of May, Clinton wrote, in reply, to Samuel 
Minott of Brattleborough, expressing his belief that the decision 
of Congress would be favorable to New York, and that the de- 

* Papers relating to Vt. Controversy, in office Sec. State X. Y., p. 9. 

f On the same day in which the letter epitomized in the text was ■vrritten, 
Capt. Lemuel Sargents of Rockingham, while engaged in enforcing one of the 
laws of Vermont, was threatened and insulted by Isaac Reed, Enos Lovell, Ashur 
Evans, and other inliabitants of that town. Being arraigned at Westminster, on 
the 2Cth of May, they were charged in the information of the state's attorney, 
with a " flagrant violation" of the rules of society, of the laws of the land, and of 
an act of the state passed in the month of Febniary preceding, entitled, "An act 
for preventing and punishing riots and rioters." Having been adjudged guilty. 
Reed was fined £30 6s. 6d. ; Evans £25 6s. 6d. ; and Lovell, £20 6s. 6d. To 
satisfy these mulcts, executions were issued, and the sheriff was directed to sell 
such a portion of the estates of the delinquents as would meet the demand, 
MSS. Information, Execution, <L'C. Slade's Vt. State Papers, 346-348. 

X Papers relating to Vt. Controversy, in office Sec. State K Y., p. 10. 



K 



1779.] REPLY OF CLmTON'TO MINOTT. 337 

lay which had characterized their proceedings had arisen from 
no other cause than the necessity of first attending to topics of 
greater importance. "As in my former letters, so in this," 
wrote he, " I forbear to point out the Kne of conduct I could 
wish the well-afiected inliabitants in your quarter should ob- 
serve upon every particular occasion. I conceive it impossible, 
and therefore can only recommend, in general, firmness and 
prudence, and in no instance to acknowledge the authority of 
Yermont, unless where there is no alternative left between sub- 
mission and inevitable ruin. Tliis appears to me the only pro- 
per advice I can give at present, till we are favored with the 
sentiments of Congress relative to the dispute, or until we are 
convinced the business is designedly procrastinated. In either 
case, as the Legislature have promised, so I have no doubt that 
they will afford you protection, and that effectual measures will 
be immediately taken for vindicating the rights of this state, 
and enforcing a due submission to legal government. K, how- 
ever, any outrage or violence, which you may suppose will pro- 
duce bloodshed, should be committed in the towns continuing 
in their allegiance to Kew York, either by Green Mountain 
Boys, or any parties who may come under a pretence of carry- 
ing into execution the laws of Yermont, you will immediately 
apprise me of it, and you may be assured of all the assistance 
in my power, and I trust it will be sufiicient for your safety and 
defence. In the mean time I will myself endeavor to j)rocure 
intelligence, and if I should discover that any attempt will be 
made by Yermont to reduce you by force of arms, I will in- 
stantly issue my orders to the militia, who are properly equip- 
ped, and who will be led against the enemies of the state who- 
ever they may happen to be." Other passages in this letter 
contained words of encouragement and promises of assistance, 
calculated to awaken hope and excite to action. "I could 
ardently M'ish," were Clinton's closing words, "that the inhabit- 
ants of Yermont would conduct themselves in such manner as 
to avoid the necessity of bringing matters to a crisis ruinous to 
them, and very injurious to individuals among us."* 

On the ISth of May, Clinton transmitted to John Jay, the pre- 
sident of Congress, the j^apers he had received through Townsend 
and others, with a request that Jay would lay them before Con- 
gress. In the letter which accompanied these papers, he stre- 

* Papers relating to Vt. Controversy, in office Sec. State N. T., p. 11. 

22 



338 HISTORY OF EASTERN VERMONT. [1779. 

nuoiislj advocated the immediate interposition of Congress as 
the only means which could possibly avail to ward off the 
dangers imj)ending. " The Legislature," wrote he, " have from 
time to time given the most solemn assurances of protection to 
their well afiected subjects, and relying upon these promises, 
the inhabitants of several towns have hitherto persevered in 
their allegiance to this state. They will not, I imagine, remain 
much longer content with mere promises, and I daily expect 
that I shall be obliged to order out a force in their defence. 
The wisdom of Congress will readily suggest to them what will 
be the consequence of submitting the controversy, especially at 
this juncture, to the decision of the sword. It will not, how- 
ever, I trust, be imputed to this state that we have precipitately 
had recourse to coercive measures. We have anxiously ex- 
pected the sentiments of Congress upon this important business, 
and it was our earnest wish that in the mean time the inhabit- 
ants of the ' Grants' who deny the authority of this state would, 
by a proper conduct on their part, have prevented the necessity 
of force. But justice, the faith of government, and the peace 
and safety of society, will not permit us to continue longer 
passive spectators of the violence committed upon our feUow- 
citizens."* 

While Clinton was striving to interest Congress in the topics 
which were attracting so much attention in New York, the 
Yorkers and Yermonters were as busily engaged in prosecuting 
their various schemes. As soon as it was known in Cumberland 
county that Col. Patterson and his men had set at naught the 
laws of Yermont, Col. Samuel Fletcher, commandant of one of 
the Yermont regiments in that county, went over to Arlington 
to consult with the state Council. Ethan Allen, ever since his 
return from captivity, had threatened to lead his Green Moun- 
tain Boys against the rebellious Yorkers, in the south-eastern 
corner of the state, and now that the Yermonters seemed deter- 
mined to enforce submission to their authority, fears were enter- 
tained that he would not only put his threat in execution, but, 
in pursuance of a general plan, endeavor to subdue all who 
opposed the jurisdiction of Yermont. 

As the initiative step in the proceedings which were to follow, 
Sergeant McWain, on the ISth of May, entered a comjjlaint 
against those who had been engaged in the rescue of the cows, 

* Papers relating to Vt. Controversy, in office Sec. State N. T., p. 12. 



1779.] CONDUCT OF ETHAN ALLEN. 3S9 

and damages were laid at £1,000 lawful money. "Writs were 
issued, signed by Ira Allen, for the arrest of forty-four persons, 
among whom were the officers in Brattleborough, Putney, and 
Westminster who had received commissions from Kew York, 
charged with " enemical conduct" in opposing the authority 
of the state. Of this number thirty-six were taken and con- 
fined in the jail at Westminster. No return was made of the 
remaining eight.* Closely crowded together in one room, the 
prisoners were obliged to remain standing on their feet during 
the first night of their confinement. This, and the excessive 
heat of the weather, rendered their sutferings almost intolerable. 
In answer to their just demands, more comfortable quarters 
were, on the next day, provided for them, and their situation 
during the week in which they continued in prison, although 
by no means agreeable, was thus rendered endurable. That 
the sheriff might be protected in the execution of his office. 
Gov. Chittenden, as captain-general of the state militia, ordered 
Col. Ethan Allan to engage " one hundred able-bodied, effective 
men, as volunteers, in the county of Bennington, and march 
them into the county of Cumberland," there to remain during 
the sitting of the court. Orders for men were also issued to 
Col. Joseph Marsh and Col. Samuel Fletcher, and dming the 
week of the trial a force varying from two hundred to three 
hundred and fifty were under arms at Westminster. 

Armed with authority from the Governor, Ethan Allen at the 
head of a hundred Green Mountain Boys, boasted of his force 
which he represented as five times greater than it really was. 
In his intercourse with the Yorkers, he abused them in the most 
insulting terms. Not only with his tongue,but with his sword also, 
he assailed those who difi'ered from him in opinion. Yermont, he 
swore, should be established as a state, let the cost be what it 
might ; and if bombast and efii'ontery could have accomplished 
this end, there would have been no occasion for the effbrts of 
any other person. Allen's rhodomontade would have efl:ected 
that which was finally realized only by time and compromise. To 
such a pitch of rage were the Yorkers incensed by his conduct, 
that the reluctance to shedding human blood was alone sufficient 
to deter them from resisting his petty tyranny, and releasing the 
prisoners who were guarded by his men. At this crisis, a meet- 

* These -were Israel Smith of Brattleborough ; Charles Kathan, William Perry, 
Noah Sabin Jr., and Josepli Lusher of Putney ; Joseph Ide, Ichabod Ide Jr., and 
Wilcox of Westminster. — MS. Court Records. 



310 HISTORY OF EASTERN VERMOXT, [1779. 

ing of the county committee composed of New York adherents, 
was convened at Brattleborough on the 25th of May. An 
account of the events of the preceding week was prepared by 
Samuel Minott, the chairman on that occasion, and was for- 
warded to Governor Clinton by an express. The prayer for 
relief was of a nature not to be mistaken. If aid is not ren- 
dered, " our persons and property," said they, " must be at the 
disposal of Ethan Allen, which is more to be dreaded than 
death with all its terrors."* 

An adjourned session of the superior court was held at TVest- 
minster on the 26th of May. Moses Robinson of Bennington, 
presided as chief judge, assisted by John Shephardson of Guil- 
ford, John Fasset Jr., of Arlington, Thomas Chandler Jr., of 
Chester, and Capt. John Throop of Pomfret, side judges. To 
guard against interruption during the session, the people of the 
town who suj^ported the jurisdiction of Yermont forcibly seized 
the public stock of gunpowder, amounting to one hundred 
pounds, which had been provided by the state of New York, 
and placed twenty-five pounds of it in the hands of their friends. 
Preliminaries having been arranged, the prisoners, under a strong 
guard, were marched from the j ail-rooms in the lower part of 
the county hall to the court-room in the second story. Noah 
Smith, the state's attorney, exhibited a complaint against the 
delinquents, in which he stated, that they were assembled at 
Putney on the 28th of April previous, " in a riotous and unlaw- 
ful manner ;" that they, at that time, made an assault upon one 
William McWain, " a lawful officer in the execution of a lawful 
command," and rescued out of his hands and possession two 
cows, which he had taken by legal measures. He charged that 
such "wicked conduct" was a flagrant violation of the com- 
mon law of the land, and contrary to the force and eff'ect of a 
statute law of the state, entitled, " An act to prevent riots, dis- 
orders, and contempt of authority within this state, and for 
punishing the same."t 

* Papers relating to Vt. Controversy, in office Sec. State K T., p. 13. 

f As an example of the severity of the earlier laws of Vermont, the act referred 
to in the text is given entire. It was passed at the session of the General Assem- 
bly holden at Bennington, in February, 1779, and, with the exception of its title, 
is as follows : — 

" Whereas, breaking open gaols, rescuing prisoners, &c., are much to the da- 
mage of civil society, 

" Which to prevent, 

" Be it enacted, and it is hereby enacted, by the representatives of the freemen 



1779.] COURSE OF THE IMPKISONED YORKEES. 341 

Much time liaving been occupied in perfecting the arrange- 
ments incident to the occasion, and the day being far spent, the 
c<:)urt announced a recess until the following morning. On their 
return to the jail, the prisoners held a consultation in order to 
decide upon the course which in the present emei'gency could 
be pursued with the greatest advantage. Of their number was 
Micali Townsend of Brattleborough, a lawyer of ability. By 
his advice they addressed a petition to the judges of the court, 
in which they set forth the peculiarity of their situation, and the 
want of impartiality in the proceedings then in progress against 
them. They averred that on account of the recency of their 
appreheusioD, and the strictness of their confinement, they had 
been unable to procure any writings or witnesses to substan- 
tiate the pleas which they might wish to oflPer, and, further, that 
they could not be "justified to their consciences and to the 
world," should they omit any " prudent and lawful measures to 
acquit themselves." They also desired the privilege of obtain- 
ing counsel from another state, to plead their several causes. 

of the state of Vermont, in General Assembly met, and by tlie authority of the 
same, that if any person, or persons, shall impede or hinder any officer, judicial or 
executive, civil or military, under the authority of this state, in the execution of 
his ofEce^ — on conviction thereof before the superior court of this state, [the 
ojffender] shall be whipped on the naked back, not exceeding one hundred lashes 
for the first offence, and pay all costs and damages that shall accrue from such 
disorder, beside cost of proseciition ; and, for want of estate to pay said costs, 
damages, Ac, the offender may be bound in service to any subject of this state, 
for such time as shall be judged by said court to be sufficient to pay said costs, 
damages, Ac. And said court are hereby authorized to bind said delinquent. 

" Be it further enacted, by the authority aforesaid, that if any person shall be 
guilty of a second offence of the like nature, and shall be convicted thereof, he 
shall be branded with the letter G on the forehead and shall be whipped on the 
naked back, not exceeding one hundred lashes ; to be repeated every time of con- 
viction. 

" Be it further enacted, by the authority aforesaid, that if any person or per- 
sons, either directly or indirectly, shall break open, or aid or assist in breaking 
open, any gaol, or place of confinement, wherein any prisoner or prisoners may 
be confined by the authority of this state, on conviction thereof, [the ofl'ender] 
sliall be whipped on the naked back, not exceeding one hundred lashes, and be 
branded on the forehead with the letter B, and pay a fine, not exceeding one hun- 
dred pounds, and all costs and damages that may accrue from such disoi-der, toge- 
ther with cost of prosecution ; and for want of estate to pay said costs and da- 
mages, the offender may be bound in service as aforesaid. 

" That the superior court, before the dismission of such delinquent, may call 
on him to give bonds, in surety, not exceeding three thousand pounds, for his good 
behaviour ; and in case such delinquent shall refuse to give such surety, said court 
are hereby empowered to confine such delinquent in any of the gaols in this 
state." — Slade's Vt. State Papers, p. 300. 



o4r-2 HISTOKY OF EASTERN VERMONT. [1779. 

To obtain these ends, tliej prayed tliat tlie court might be 
adjourned, for at least one month. To this petition were sub- 
scribed the names of twenty-eight of the prisoners. Its only 
etfect was to procure as counsel for the delinquents, Steplien 
Eow Bradley, then of Bennington, the temporary clerk of the 
court. 

When the court resumed business on the morning of the 27th, 
the state's attorney having become satisfied of his inability to 
sustain the complaints which he had instituted against three of 
the prisoners, John Kathan, John Kathan Jr., and Lieut. Daniel 
Kathan, all of Dummerston, entered a 7iolle prosequi in their 
cases and withdrew the suits. At the same time the defendants' 
attorney, Mr. Bradley, presented a motion to quash the indict- 
ments preferred against Stephen Greenleaf Jr., of Brattle- 
borough, Joseph Goodliue of Putney, and Josiah White, on the 
ground of the nonage of the parties. The motion was granted, 
and the court was about to proceed with the trial of the remain- 
ing prisoners, when an unexpected interruption took place. 
Ethan Allen, who, with his men, had been engaged at West- 
minster in assisting the sheriif and guarding the prisoners, had 
watched with interest and satisfaction the transactions of the 
preceding day, and had expressed great pleasure at the manner 
in which the goddess of justice seemed to be preparing to pu- 
nish the rebellious Yorkers. He was not present at the com- 
mencement of the second day's session, but having heard that 
some of the prisoners were obtaining their discharge, he resolved 
to stop sucl} flagitious conduct, and teach the court their duty. 
Accoutred in his military dress, with a large cocked hat on his 
head profusely ornamented with gold lace, and a sword of fabu- 
lous dimensions swinging at his side, he entered the court room 
l^reathless with haste, and pressing through the crowd which 
filled the room, advanced towards the bench whereon the 
judges were seated. Bowing to Moses Eobinson who occupied 
the chief seat, and who was his intimate friend, he commenced 
a furious harangue, aimed particularly at the state's attorney, 
and the attorney for the defendants. 

The judge, as soon as he could recover from his astonishment, 
informed the speaker that the court would gladly listen to his 
remarks as a private citizen, but could not allow him to address 
them, either in military attire, or as a military man. To this 
information Allen replied by a nod, and taking off" his chapeau 
threw it on the tal)le. He then proceeded to unbuckle his 



1779.] SINGULAR PROCEEDINGS OF ETHAN ALLEN. 313 

sword, and as he laid it aside with a flourish, turned to the 
judge and in a voice like that of a Stentor, exclaimed, 

" For forms of government, let fools contest ; 
Whate'er is best administer'd, is best."* 

He then turned to the audience and having surveyed them for 
a moment, again addressed the judge, as follows: — "Fifty- 
miles, I have come through the woods with my brave men, to 
support the civil wnth the military arm ; to quell any disturb- 
ances should they arise ; and to aid the sheriff and the court 
in prosecuting these Yorkers — the enemies of our noble state. 
I see, however, that some of them, by the quirks of this artful 
lawyer, Bradley, are escaping from the punishment they so 
richly deserve, and I find also, that this little Noah Smith is far 
from understanding his business, since he at one moment moves 
for a prosecution, and in the next wishes to withdraw it. Let 
me warn your Honor to be on your guard, lest these delinquents 
should slip through your fingers, and thus escape the rewards 
so j ustly due their crimes." Having dehvered himself in these 
words, he with great dignity replaced his hat, and having 
buckled on his sword, left the court room with the air of one 
who seemed to feel the weight of kingdoms on his shoulders. 
After a short interval of silence, business was again resumed. 

Of those against whom Avarrants had issued, tliirty were 
now before the court on trial. Tliese were Col. Eleazer Pat- 
terson of Hinsdale ; Maj. Elkanah Day, Capt. Michael Gilson, 
Lieut. Medad Wright, Benjamin Whitney, Bela Willard, Jose^^h 
Willard, Bildad Easton, John Norton, and Deacon John Ses- 
sions of Westminster ; Lieut.-Col. John Sargeants, Lieut. James 
Blakeslee, Lieut. Samuel Root, Micali Townsend, Timothy 
Church, and Benjamin Butterfield of Brattleborough ; Capt. 
James Clay, Lieut. James Clay Jr., Lucas Willson, Ephraim 
Clay, Daniel Sabin, Noah Sabin, WiUiam Pierce, Noah Cush- 
ing, Samuel Wheat, Francis Cummings, James Cummings, 
Tliomas Pierce, Joseph Jay, and Thomas Nelson of Putney. 
They were generally men of note and influence, and among 

* Pope's Essay on Man, epistle iii. vs. 303, 304. Referring to the sentiment 
contained in these lines, John Adams once observed, " Pope flattered tyrants too 
much Avhen he said, 

" For forms of government, Ac." 
rhe Life and Works of John Adams, iv. 193. 



344 HISTORY OF EASTERN VERMONT. [1779. 

them were some of greater ability than those v>'ho were to pass 
judgment upon their conduct. In answer to the charges prefer- 
red against them, they pleaded in bar that although by common 
law they might be held to answer a portion of the information, 
yet they could not be held to answer that part of it founded on 
the statute, since it was not in their power to know the statute at 
the time when the crimes were said to have been committed, as 
it had not then been promulgated.* This statement they de- 
clared themselves ready to verify. The court decided the plea 
in bar to be sufficient, and ordered that part of the information 
brought on the statute to be dismissed. 

The dehnquents then pleaded, to general issue, not guilty, and 
gave in evidence that they were subjects of the state of New York, 
and that the acts charged against them in the information as 
offences, were done by virtue of authority granted them by that 
state. Here the defence rested. Witnesses were then examined 
on the part of Yermont, and the cause was returned to the judges, 
who after due consideration pronounced the defendants guilty. 
As a punishment, they were all mulcted, the state being the 
recipient of the proceeds. Eleazer Patterson, John Sargeants, 
Elkanah Day, and James Clay, were fined, each, £40 lawful 
money. Michael Gilson, Lucas Nelson, and Timothy Church, 
each, £25. Micah Townsend, James Blakeslee, James Clay Jr., 
Benjamin Whitney, Samuel Root, John Norton, and John 
Sessions, each, £20. Ephraim Clay, Medad Wright, Bela 
Willard, Joseph Willard, and Bildad Easton, each, £10. Daniel 
Sabin, Noah Sabin, Wilham Pierce, Noah Cushing, Samuel 
Wheat, Francis Cummings, James Cummings, Joseph Jay, 
Thomas Pierce, and Thomas Willson, each, £3. Benjamin 
Butterfield, £2. In addition to this the costs of prosecution, 



* The law referred to, and which is given in full in a previous note, was 
/>assed at Bennington in the month of February preceding with many others, but 
was not published until several months had elapsed. In a letter from Ira Allen, 
dated at Norwich, April 19th, 1779, and addressed "To the inhabitants of the 
state of Vermont," occur these words : — " As the laws of this state were com- 
mitted to my care to see to the printing of [them], I have to inform, that the 
printers have been some time engaged in that business, and will not attend to any 
other until that is accomplished. But to print them, really will take a consider- 
able time, and cannot be done as soon as w.as expected, but depend, that they 
will be ready to deliver to the Assembly at their next session at Windsor." The 
session referred to, commenced on the 2d of June. The offences for which the 
Yorkers were tried were committed on the 28th of April, more than a month 
before the promulgation of the statute. 



17Y9.] SENTIMENTS OF IRA ALLEN. 345 

amounting to £1,477 18s., were divided equally among the 
delinquents.* 

Li commenting upon tliese events, Ira Allen in a letter to 
Benjamin Bellows of Walpole, written from Westminster, 
expressed what may be regarded as the sentiments of the more 
moderate portion of the partizans of Yermont, " It is not our 
design," said he, " to treat the inhabitants of this county with 
severity, but with as much lenity as the nature of the case will 
admit. Yet the authority of this state must be supported, for 
commissions from two different states can no longer subsist 
together. We mean not to boast of our victory over those 
gentlemen that were in favour of New York in this county, 
but hope to make them our friends, and have the pleasure of 
treating them as such. We mean tliis movement as a defiance 
to the old government of New York, mth whom we have long 
contended for our properties." 

The effect of these disturbances was visible not only in the 
conduct of the members of the two parties towards one another, 
but also in the measures adopted by the Legislature of Yermont. 
When on the 2d of June, the General Assembly held a special 
session at Windsor, this effect was made especially apparent. 
The act which was then passed, entitled, " An act to prevent 
persons from exercising authority, unless lawfully authorized by 
this state," was one of the direct results of the attempt which 
had been made by Col. Patterson to obey the directions of the 
state of New York. No one could mistake the intention of the 
government of Yermont, when it uttered its edicts in terms as 
plain and decided as these : — 

'• Whereas there are divers persons within this state, who 
have oj)posed, and do continue to oppose the government there- 
of ; and who do, by every way and means in their power, endea- 
vor to obstruct the free exercise of the powers of government 
within the same : 

" Which mischief to prevent, 

" Be it enacted, and it is hereby enacted, by the representatives 
of the freemen of the state of Yermont, in General Assembly 
met, and by the authority of the same, that if any persons with- 
in this state, except continental officers, shall, after the first day 
of September next, accept, hold, or exercise any office, either 

* MS. Court Records. George Clinton Papers in K Y. State Lib., vol. vii. 
docs. 2231, 2249. Doc. Hist. N. Y., iv. 957-966. Slade's Yt. State Papers, SOS- 
SI 2. Narratives of Old Men. 



346 HISTORY OF EASTERN VERMONT. [l779. 

civil or military, from or under any autlioritj, other than is or 
shall be derived from this state, and be thereof duly convicted, 
they shall, for the first oifence, pay a fine not exceeding £100 
larwful money, according to the discretion of the comt which may 
have cognizance thereof; and for the second offence of the like 
kind, shall be whipped on the naked body not exceeding forty 
stripes, according to the discretion of the court before whom 
they are prosecuted ; and for the third offence shall have their 
right ear nailed to a post, and cut off, and be branded in the 
forehead with the capital letter C on a hot iron. This act to 
continue in force until the rising of 'the Assembly in October, 
1780, and no longer." 

In order to express their approbation of the manner in which 
the late opposition of the Yorkers had been resisted, the As- 
sembly appointed Edward Harris of Halifax, Silas "Webb of 
Tlietford, and Col. John Strong of Dorset, a committee to wait 
on his Excellency the Governor, and the members of the Coun- 
cil, and convey to them the thanks of the Assembly for their 
promptness in raising and sending the posse comitattis into 
Cumberland county in the month of May previous, "for the 
purpose of apprehending the rioters who were tried at West- 
minster." As a reward for his invaluable services, Ethan 
Allen was, on the 3d of June, created a Brigadier General, and 
the sum of 48s. lawful money per diem, was voted to each of 
those who had accompanied him or the other colonels, for the 
purpose of assisting the sheriff. At the same time means were 
taken to organize militia companies. As the initiative in this 
undertaking, the males in the town of "Whiting, between the 
ages of sixteen and sixty, were ordered to choose a captain, 
a lieutenant, and an ensign, and the same directions were given 
to the inhabitants of Newfane. Owing to a representation 
made to the Assembly charging the enemies of the state resid- 
ing in Cumberland county with being in possession of " con- 
siderable stocks of ammunition," the selectmen of the different 
towns were ordered to make application for, and receive every- 
thing of this description that might be held in their respective 
districts. In case of resistance, they were authorized to seize 
the contraband articles. ISTo one was excused from affording 
aid in carrying this law into execution. 

In the Council, measures more conciliator}'- in their nature 
were adopted. Maj. Stephen Kow Bradley was appointed 
to prepare a proclamation " to be issued by his Excellency," 



17V9.] GOV. Chittenden's pkoclajviation. 347 

relative to the disaffected inhabitants of Cumberland county. 
Tlie instrument was drawn in conformity with the sentiments 
of the Council. On the 3d of June it received the official 
sanction in the following form : — 

" By His Excellency Tliomas Chittenden, Esquire, Governor, 
Captain General, and Commander in chief in and over the 
State of Yermont. 

" A Proclamation. 

" Whereas, sundry persons inhabitants of this state, forget- 
ting that great tie of allegiance that ought to bind every sub- 
ject in a faithful obedience to that power which protects life, 
liberty, and fortune ; being instigated, partly through their 
own mistaken notions of government ; not considering that all 
power originates from the people ;* and building on a false 
reason, that a public acknowledgment of the powers of the 
earth is essential to the existence of a distinct, separate state ; 
but more especially being deceived and influenced by certain 
persons,t who have crept in privately to spy out and overturn 
the liberties of this state, purchased at the dearest rate, who 
acting under pretence of power assumed by a neighboring 
sister state, never derived from God or nature,:}: have imposed 
their tenets on the credulous, whereby some have been led to 
follow their pernicious ways, in consequence of which, some of 
my faithful subjects have been traduced to oppose the authority 
of this state, and obstruct the course of civil law to the disturb- 
ance of the peace, thereby incurring the penalties of that great 
rule of right, which requires obedience to the powers that are. 

" And whereas the supreme authority of this state, are ever 
willing to alleviate the miseries of those unhappy subjects, who 
transgress laws through mistaken notions, in remitting the penalties 
thereof; and inasmuch as equal punishments, in this case, cannot 
be distributed§ without punishing the righteous with the wicked. 

" I have therefore thought fit, by and with the advice of 
Council, and at the desire of the representatives of the freemen 

* The form of the proclamation given in the text, is taken from the published 
copy. In the original draft the words, " whose voice is the voice of God," was 
inserted after the word " people." 

■j- In the original, this passage ran, " deceived and led on by certain persons 
ordained of old to condemnation."' 

■\. In the original, these words were inserted at this point, " being mostly 
enemies to the prosperity of America.." 

§ In the original, the words " inasmuch as the tares in this world cannot be 
separated from the wheat," are used in place of the sentence commencing "inas- 
much as," in the text. 



348 HISTORY OF EASTEKN "VTiRMONT. [1779. 

of tliis state, in General Assembly met, to make known and 
declare this my gracious design of mercy to every oifender, 
and do hereby publish and declare to all persons, residing 
within this state, a full and free pardon of all public oflences, 
crimes and misdemeanors heretofore committed within the 
limits of the same, against the honor and dignity of the free- 
men thereof; remitting to all and singular, the persons afore- 
said, all penalties incurred for breaches of the peace, such as 
riots, mobs, tumultuous assemblies, contempt of and opposition 
to authority, excepting only the crimes of high treason, mis- 
prision of treason, and other capital offences, committed since 
the fifteenth day of January, 1777;* and all persons indicted, 
informed against, or complained of for any of the offences afore- 
said, committed before this date, may plead this proclamation 
in discharge thereof, provided nothing herein contained be con- 
strued to extend to any j)erson to whom judgment has already been 
rendered, nor to bar any jjerson from recovering private damages, 
anything contained herein to the contrary notwithstanding. 

" And I do further assure the subjects of this state, that it is 
not the design of government to take from any one the peace- 
able enjoyment of his own possessions, acquired by the sweat 
of his brow, whatever falsehoods, wicked and designing men 
may have invented to disquiet the minds of the faithful subjects 
of the state of Yermont.f 

" Given under my hand and seal at arms, in the Council 
Chamber at Windsor, on the third day of June, 1779, in the 
third year of the independence of this and the United States of 
America. 

" Thomas Chittenden. 
" By His Excellency's command. 

" Jonas Fay, Secretary, jyro term. 
" God save the People.":}: 

* The words " and other capital offences, committed since the fifteenth day of 
January, 177*7 " are wanting in the original. The words following " misjjrision of 
treason" in the original are, " against this, or the United States." 

\ In the original draft, this paragraph was introduced by the following sen- 
tence: "And I do further recommend and enjoin upon every denomination of 
men, strict obedience to the laws; as the executive authority are determined to 
carry into execution every good and wholesome law made by the freemen of this 
State." Other verbal differences not here noted, may be observed by comparing 
the proclamation in the text with the original di-aft published in Slade's Vt. State 
Papers, pp. 556, 557. 

\ MS. letter of Ira Allen to Benjamin Bellows. Slade's Vt. State Papers, pp. 
389, 390. Records General Assembly Vt. Records Council Vt 



1779.J VAKIOUS PUBLICATIONS BY THE COUNCIL. 349 

By a resolution of the Council passed on tlie Yth of June, 
this proclamation, the orders of the Governor to Col. Ethan 
Allen dated the 6th of May, 1779, and an extract from 
the records of the adjoui-ned session of the superior court, 
held at Westminster on the 26th of the same month, were pub- 
lished together, in order that the people might not be unin- 
formed concerning the measure which had been taken to 
uphold the authority of the state. 

On being apprised of the disturbances which had occurred in 
Cumberland county, Governor Clinton, on the 29th of May, 
transmitted by express, the papers containing the information 
to John Jay the president of Congress, with a request that he 
would lay them before Congress without delay. By the same 
conveyance he wrote to the New York delegation, telling them 
that the " Vermont business " had reached a crisis, and assuring 
them of his confidence in their exertions to obtain the opinion 
of Congress on that subject at the earliest moment possible. 
He informed them that the state Legislature would meet on 
the 1st of June, and would probably adopt decisive measures. 
At the same time he assured them that he should issue his 
orders to the militia, and make the necessary arrangements for 
supporting the injured dignity of the state; and further, that 
he should conceive it his duty to order a force of a thousand 
men who had been destined for the defence of the frontiers, to 
march to Brattleborough for the protection of that and the 
adjacent towns, unless the interposition of Congress should 
render such a measure unnecessary.* 

On the 22d of May, before several of the events above referred 
to were known in Philadelphia, resolutions had been proposed in 
Congress by the New York delegation, the object of which was to 
obtain from Congress an acknowledgment of the right of each 
of the thirteen states to retain in its possession all the lands it 
had held while a colony of and subject to Great Britain, and 
to declare in what manner disputes regarding territorial juris- 
diction should be settled. On the 29th, the day on which these 
resolutions were to have been taken up in committee of the 
whole, information anticipatory of trouble in Cumberland 
county was received, which led Congress to postpone their 
consideration. Tlie committee met, however, on the 1st of June, 
and were engaged in a discussion of the resolutions, when letters 

* Papers relating to Vt. Controversy, in office Sec. State K Y., p. 14. 



350 HISTORY OF EASTERN VERMONT. [1779. 

arrived from Clinton containing an account of the trouble 
whicli had been foreshadowed. Although these letters were 
not laid before Congress, yet the legislation which foUowed was 
probably based in part upon them. A resolution was passed, 
authorizing the appointment of a committee who should be 
instructed to repair to the " Grants," and learn the reasons why 
the inhabitauts refused to continue citizens of the respective 
states wliich had previously exercised jurisdiction over that 
district ; and further, to take every prudent measure to promote 
an amicable settlement of all differences, and to prevent the 
recurrence of animosities and divisions which had already been 
so prejudicial to the interests of the United States. Informa- 
tion of this proceeding was conveyed to Governor Clinton in 
letters dated the 1st of June, from John Jay, the president of 
Congress, and from the 'New York delegation. Li the com- 
munication of the latter, moderation was especially recom- 
mended. " In our opinion," said they, " it will be wise to 
abstain from hostilities for the present, and rather suffer a little 
than shed blood." They also expressed a hope that every cause 
of jealousy would be removed, and that "mutual confidence, 
hannony, and good understanding," would arise between New 
York " and her sister states to the eastward."* 

On the 2d of June, Oliver Ellsworth and Jesse Hoot of Con- 
necticut, Timothy Edwards of Massachusetts, Dr. John Wither- 
spoon of New Jersey, and Col. Samuel J. Atlee of Pennsylvania, 
were deputed to visit the " Grants" in accordance with the 
resolve of Congress. Notice of their aj)pointment was imme- 
diately communicated to them, accompanied with an urgent 
request from the president of the Congress, that they would 
enter immediately on the business which had been intrusted to 
them. 

"Wliile affairs were in this condition. Governor Chnton wrote 
from his camp in the Highlands, on the 7th of June, to those 
who were especially interested in the amicable settlement of 
the disputes which had been the cause of so much ill feeling 
and violence. He informed Samuel Minott, the chairman of 
the committee of Cumberland county, that the advance of the 
British up the Hudson had delayed the meeting of the Legisla- 
ture, and had compelled him to take the field. At the same time 
he assured Minott that he should convene the members as soon 

* Papers relating to Vt. Controversy, in office Sec. State N. T., pp. 15, 16. 



1TT9.] GOVERNOR CLESTTON. 351 

as the safety of the country would admit of his return, and 
should endeavor to induce them to concert such measures as 
would insure the peace and safety of the inliabitants of Cumber- 
land county. "In the mean time," said he, "I must earnestly 
recommend to you to continue firm in the cause in which you 
are engaged, and to conduct yourselves with prudence towards 
the revolters, and you may rest assured that I shall make every 
exertion for your protection of which the executive authority 
of government is capable."* 

To General Washington he communicated his regret that the 
late resolutions of Congress were insufficient to remedy the 
difiiculties wliich they were designed to meet, and announced his 
intention of quitting the field in order to convene the Legisla- 
ture, and make the necessary arrangements for vindicating 
the authority of the state. " I had flattered myself," wrote he, 
" that in consequence of my representation that Ethan Allen 
having the rank of a colonel under Congress, had with his 
associates seized and imprisoned the principal civil and military 
oflicers of this state in the county of Cumberland, the justice 
and wisdom of Congress w^ould have adopted such measures as 
might have prevented this state from the cruel necessity they 
will too probably be reduced to in a short time, of opposing 
force to force. Your Excellency, who knows my inclinations 
and conduct, the zeal and exerh'ons of this state in the common 
cause, and their long and patient forbearance under the usur- 
pation of their revolted citizens, will judge with what anxiety 
we look forward to the cruel dilemma to which by the gi*eat 
principle of self-preservation we may shortly be reduced ; and 
this anxiety is rendered doubly painful by the reflection, that 
the general interest of America must necessarily be affected by 
applying the resources for maintaining the authority of this 
state, which have been so amply and liberally afforded by them 
since the commencement of the war in support of the common 
cause." He also informed him that in order to carry into 
execution the measures upon Mdiich he had determined, it would 
be necessary for the state to be furnished with appropriate 
means. He therefore desired Washington to return " the six 
brass six-pounders, together with their apparatus," which New 
York had loaned to the United States in the year 1776, or to 
replace them in case they were not to be obtained. As to pro- 

* Papers relating to Vt. Controversy, in office See. State N. Y., p. 17. 



352 HISTORY OF EASTERN VERMONT. [1Y79. 

visions, he stated that he liad been ordered by the Legislature 
to collect a " magazine of flour," but that it would, perhaps, be 
wanted by those who might be ordered to support the authority 
of the state. The whole tone of the letter was in keeping with 
the course which the Governor had determined to pursue as a 
faithful guardian of the interests of the state.* 

In writing to Jay, Clinton declared his ojDinion concerning the 
late action of Congress in language even more decided than 
that which he had used in his letter to Washington. He 
expressed his astonishment and concern that Congress had 
" passed over in profound silence" the remonstrances which had 
been sent them against the conduct of the revolters from ISTew 
York. He appealed to their candor to decide whether their 
inaction accorded with their repeated resolutions in which they 
had declared their determination to " discoimtenance every species 
of disrespect shown by any officers in their service to the legisla- 
tive or executive authority of the respective states ;" or whether 
it was a proper result of their decision of the 1st of June, 
whereby they had resolved to " pay an equal attention to the 
rights of the state of l^ew York with those of the other states 
in the Union." l*^ot doubting the purity of the intention of 
Congress in appointing a committee to confer with the revolters, 
he at the same time made known his disapprobation of the 
measure in terms which could not be misunderstood. " I am 
apprehensive," said he, " it will by no means produce the salu- 
tary effects for which I suppose it was calculated ; for, notwith- 
standing the just and generous terms offered by my different 
proclamations f(junded on the resolutions of the Legislature of 
this state, the refractory disposition of the principal actors in 
this revolt has still increased. By them it will be considered 
as an implied acknowledgment of their authority, and thereby 
tend to strengthen the usurpation ; and in the minds of the 
well-affected citizens who know the repeated and uncontradicted 
declarations which the principal revolters have made that they 
have received encouragement from several members of Con- 
gress, some of whose names are mentioned, and who have 
observed that the most flagrant insults against the civil authori- 
ty of this state, even by officers of Congress, have been totally 
disregarded, it will, I have too much cause to fear, excite fresh 
jealousies." For these reasons he recommended that the con- 

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 20. 



1779.] JOHN SESSIONS, 353 

ferenco committee should postpone their jonrnej until the state 
Legislature should have time to convene, and consider the late 
resolves of Congress. His letter to the New York delegation, 
though not as comprehensive, contained sentiments similar to 
those announced in the lettei's to Minott, Washington, and 
Jay.* 

By the committees of six towns in Cumberland county, M^hich 
acknowledged the jurisdiction of New York, John Sessions of 
"Westminster was commissioned to bear to Governor Clinton an 
official account of the late transactions, and of the difficulties to 
which the subjects of New York had been exposed in conse- 
quence of their obedience to the laws of that state. In the letter 
of the committees which he carried, dated the 8th of June, an 
earnest wish was expressed that the state should bear his 
expenses to Philadelphia, whither they desired he should pro- 
ceed for the purpose of expediting, if possible, the determination 
of Congress with respect to the controversy. A report spread 
by Ethan Allen, to the eifect that two-thirds of the members of 
Congress were favorers of the new state of Yermont, served to 
render the committees especially anxious to know how much of 
tliis story was to be placed to the account of truth, and how 
much to the workings of fancy. As to the effect which the 
legal prosecutions they had suffered had produced, they used 
this language : — " We would beg leave to inform your Excel- 
lency, that we cannot long endure our present distressing situa- 
tion, and if Congress does not immediately interfere, or the state 
protect us effectually and without delay, we shall be under the 
disagreeable necessity of submitting, though reluctantly, to be 
governed by the enemies of the state."! 

Similar to this was the account sent by Micah Townsend to 
Governor Clinton on the 9th. From his declarations it appeared 
that the greater part of the Green Mountain Boys, with whom 
he had conversed during the time of the disturbance, were 
either unwilling or unable to make known the number of their 
" fighting men," or even of their regiments. He stated, how- 
ever, on the authority of Boswell Hopkins, the clerk of the 
General Assembly of Yermont, that their militia force numbered 
three thousand, of which two thirds, it was supposed, would take 
arms against New York; that they also dejDended upon the 

* Doc. Hist. N. Y., iv. 9&6-916. Journals Am. Cong , iii. 286, 286, 295-208. 
Papers relating to Vt» Controvei-sy, in office Sec. State, F. Y., pp. 18, 19. 
f George Clinton Papers in K Y. State Lib. vol. viii. doc. 239'1. 

23 



354 HISTORY OF EASTEEX VERMONT. [1779. 

assistance of a tlioiisancl men from Berkshire county, Massa- 
chusetts, in an emergency, and upon the co-operation of the 
immigrants who were flocking from other states. He assured 
tlie Governor that Ethan Allen had remarked that the trials 
of tlie Yorkers had not been held for the purpose of distressing 
individuals, but that they were intended as a challenge to the 
government of New York " to turn out and protect their sub- 
jects." He also stated that Allen liad publicly declared that the 
supporters of the new state had, for a long time, been engaged 
in making preparations for a contest with the Yorkers, that they 
were now prepared to receive their opponents, and were desi- 
rous that Governor Clinton should be informed of their readiness 
to fight. " After so open a challenge," wrote Mr. Townsend, in 
view of these circumstances, " if Congress does not immediately 
determine this controversy in favor of ]^ew York, or the state 
efi:ectually protect their subjects here, it cannot be thought 
strange if they should in a body join the only government under 
which they can be secure. Who will dare resist the execution 
of the laws of Vermont, unless upon tolerably sure ground, when 
whipping, branding, &c., will infalKbly be the consequence if 
superior force does not prevent it ? And if submission must be 
our lot, will not the state hereafter, and with reason, have those 
who are now their friends for enemies ? If Congress do not take 
up the matter presently, or if they make only a temporary set- 
tlement, it is clear to me that Yermont is favored, and will infal- 
libly maintain their independence unless the force of New York 
prevents it immediately. For New York to delay taking arms, 
however specious the reasons, is the same as to yield the point." 
In discussing the subject at greater length, Mr. Townsend 
recommended to Governor Clinton, in case the Legislature 
should deem it best to defend their constituents, to send from 
New York a force strong enough " to bear down all opposition" 
in the county, and then, if it should be thought practicable to 
make use of the Yorkers resident in Yermont, to supply them 
with arms, ammimition, and " some experienced officers." He 
further suggested, as a plan which had been communicated to 
him by one who was " acquainted with military matters," and 
who had ever been a staunch supporter of the jurisdiction of 
New York, that fortifications should be erected to enclose the 
Court-house at Westminster, and that two hundred or tliree 
hundred men should be sent to build them and to act as a gar- 
rison when they should be completed. The accomplishment of 



1770.] ACTION OF CONGRESS. 355 

this design lie described as easy, owing to tlie bluff a few rods 
north of the building, which would serve as a natural rampart, 
and to the level character of the ground in every other direction. 
Under the protection of the garrison he recommended the esta- 
bhshment of courts of justice, a measure which, he supposed, 
would tend gradually to restore order and end opposition. " In 
this event," said he, " Charlotte county will be between tM^o 
fires, the British and the Yorkers." To support the troops he 
doubted not that private contributions would be made. In 
behalf of Col. Samuel Wells of Brattleborough, he promised a 
thousand pounds of beef and a barrel of pork. He also expressed 
his belief that when it should appear that New York was " in 
earnest" in her efforts, a company could be easily raised in the 
countv to assist in garrisoning the fort.* 

Tliese various communications, containing expressions beto- 
kening an intention of prompt and decisive action in certain 
quarters, were not without their effect. To atone for a supine- 
ness, which was probably the result of ignorance rather than of 
design, Congress resolved unanimously, on the 16th of June, that 
the officers acting under the state of New York, who had been 
lately deprived of their hberty " by certain persons of a district 
called the New Hampshire Grants," ought to be immediately 
liberated; directed the committee of conference, that had 
ah-eady been appointed, to inquire into the subjects discussed 
in Governor Clinton's letters, and report specially to Congress ; 
declared that Congress did not intend, by their resolution of the 
1st of June, to uphold principles subversive of, or unfavorable 
to, the internal pohcy of any of the United States ; and decided 
that, inasmuch as " very salutary effects" were expected to follow 
the appointment of the committee of conference, further proceed- 
ings on Governor Clinton's communications should be postponed 
until that committee should report. Of the views of Congress 
at this time, upon the controversy between New York and Yer- 
mont. Jay, in a letter to Clinton, observed; — " The majority of 
the house have proper ideas on the subject, and we flatter our- 
selves that it will terminate right." Clinton received the reso- 
lutions of the 16th on the 23d, and immediately informed the 
New York delegation, that in consequence of the measures 
adopted by Congress, he should defer convening the Legislature 
until the beginning of August. He further remarked that this 

* George Clinton Papers, in K Y. State Lib., vol, viii. doc. 2897. 



356 HISTORY OF EASTERN VERMONT. [ITTO. 

delay would give the committee an opportunity to report, and 
at tlie same time would not prevent him, in his official capacity, 
from making such arrangements for supporting the authority of 
the state as circumstances might require.* 

JS^otwithstanding the excitement which had followed the 
attempt to seize the property of those who had refused to act 
in the service of "Vermont, Chittenden proceeded on the 11th 
of June again to draft men, and did not fail to include the 
southern part of Cumberland county in the district from which 
levies were to be raised. In obedience to his orders, one of the 
officers of Vermont informed Benjamin Jones Jr., and John 
Kathan of Fulham, on the 17th, that they were required to do 
mihtary duty. On their refusal to comply, being subjects of 
New York, the officer took a cow from each, and sold one of 
them by auction, and retained the other for the use of the 
state.f On the 21st, a party of Yermonters, acting under the 
same authority, seized a heifer belonging to Ezra Robinson of 
Fulham, and without notifying to the owner the time and place 
of the sale, disposed of the property at vendue. On the same 
day an officer who had been directed to demand the services of 
Ephraim Rice of Fulliam as a soldier, called at his house 
accompanied by five men. Rice refused either to serve, or to 
pay one half the amount requii'ed to engage a substitute. 
Thereupon the officer took possession of a cow and a heifer, the 
value of which was nearly twice the amount necessary to dis- 
charge the obligation, and sold them under the hammer with- 
out public notice of the time or place of the sale. 

While matters were in this condition. Dr. "VVitherspoon and 
Col. Atlee, two of the members of the committee of conference, 
arrived at Bennington, and held an interview with Chittenden 
and others concerned in the government of the state. On the 
23d, the two members wrote to Samuel Minott, informing him 
of the object of their visit, and of the results which they hoped 
to achieve. They exjjressed a hope that by the interposition 
of Congress, there would be in a short time a happy accommo- 
dation of all differences, and stated that they had for the pre- 



* Doc. Hist. N. T. iv. 976-9*78. Papers relating to Vt. Controversy, in office 
Sec. State K Y., pp. 21, 22. 

•j- On the 23d of July following, the " inclosed wood" of John Kathan was 
entered, and " about three loads of hay" were removed, and appropriated to the 
use of the state of Vermont. George Clinton Papers, in N. Y. State Lib., voL 
viii. doc. 2462. 



1779.] SENTEtfENTS OF GOV. CHITTENDEN. 357 

sent obtained a promise from Governor Chittenden, that the 
subjects of New York resident in Cumberland county, should 
not be molested until a final settlement of existing differences 
should be effected. In view of these considerations, the com- 
mittee recommended to Mr. Minott to counsel those whom he 
represented, to raise their full proportion of men, whenever the 
services of the people of Vermont were required either by the 
rulers of that state, or by continental ofiicers. By following 
this advice, the Yorkers would neither acknowledge the 
authority of Yermont, nor disavow allegiance to New York. 
Such a couree would also remove all imputations of disaffection 
to the cause of the United States, and would aid effectually in 
advancing the measures of pacification which were then on 
foot.* 

In a letter of the same date to a friend in Cumberland 
county. Governor Chittenden advanced similar sentiments. 
Referring to the late refusal of some of the inhabitants of that 
county to serve in the Yermont militia, he expressed his regret 
that " a second insurrection and open violation of the authority" 
of Yermont, and of the United States had occurred, and that 
" private difliculties should in the least impede" a general 
union in defence of the liberties of America. Owing to the 
urgent necessity of securing the frontiers from depredation, he 
entertained no doubt that the inhabitants of Cumberland county 
would readily assist in that service. So long as they should con- 
tinue to do their proportion in the present war, and the ques- 
tion of jurisdiction should remain undetermined, he recom- 
mended the suspension of all prosecutions against those who 
acknowledged themselves subjects of the state of New York.f 

To obtain the information concerning Yermont desired by 
Congress, the committee of conference propounded a number of 
written queries to Governor Chittenden on the 24th. To these 
he returned written replies. The sentiments entertained by the 
government of Yermont towards that of New York and of the 
United States, became in this manner more fully known, and 
enabled Congress to ascertain with greater accuracy the 
strength of the position which Yermont had taken. Tlie 
reasons assigned by Chittenden for the seizure of cattle in the 
preceding month, were the same that had been alleged at the 
time of the transaction. In answer to the main question of the 

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 2S. 
\ Papers relating to Vt. Controversy in office Sec. State N. Y., p. 24. 



358 HISTORY OF EASTERN YERMONT. [1779. 

committee, whether the people of the new state would be 
willing to refer the final decision of the question of jurisdiction 
to the Congress of the United States, Chittenden answered that 
he believed he had the warrant of his constituents in saying, 
that " they would think themselves happy" in submitting to 
the arbitration proposed, provided the privileges granted to 
Vermont in supporting her cause were equal to those granted 
to New York, and on the further condition that the people of 
the former state should be permitted to reserve to themselves 
in the trial all the " rights, privileges, immunities, and advan- 
tages," which they might possess by any former power, grants, 
or- jurisdiction.* 

Witherspoon and Atlee, having accomplished their mission 
to their own satisfaction, set out for Albany without waiting for 
the arrival of their colleagues. Meantime, Governor Chitten- 
den having been informed that the cattle which had been taken 
from the Yorkers, had been sold in consequence of his orders 
of the 11th inst., transmitted the intelligence, on the 2Ttli, to 
the Congressmen with whom he had so lately held conference. 
In his letter he assured them that the seizure and sale were 
wholly the result of the refusal of some of the citizens of 
Cumberland county to contribute their proportion in support 
of the war, and could not, therefore, prejudice his attempts to 
effect a reconciliation. He also informed them that Mr. Root, 
and Mr. Ellsworth, two of the other three members of the con- 
ference committee, were then within a few miles of Bennington. 
So anxious was he to insure the safe delivery of his communi- 
cation, that he sent it by the hands of a special messenger. In 
their reply, the committee manifested great concern lest this 
last disturbance should be the means of defeating the measures 
for a reconciliation which had been agreed on. Although 
unwilling to regard it as " a breach of the agreement," yet they 
did not hesitate to inform Mr. Chittenden that all hopes of a 
peaceful settlement would be frustrated, unless proceedings of 
this nature were discountenanced and forbidden, and restitu- 
tion made to those whose property had been taken. 

On their return to Philadelphia, "Witherspoon and Atlee pre- 
sented a report to Congress on the 13th of July, embracing an 
account of the manner in which they had been received by t^^e 
new state men, and of the written repHes which they had 

* Papers relating to Vt. Controversy, in oflBce Sec. State K Y., p. 25. 



1779.] CO^P^'ENTION OF COMMITTEES. 359 

received iu their conference with Governor Chittenden. It 
does not appear that this report was ever accepted, nor could it 
have been with propriety, since it was presented by two mem- 
bers of the committee only, while three was the smallest num- 
ber authorized to act officially. As far as this mission was 
intended to answer the purposes of those who proposed it, it 
was a failure.* It served, how^ever, to sustain the hopes of the 
new state party and to give them fresh zeal in their efforts to 
obtain from Congress an acknowledgment of Yermont as a free 
and independent state.f 

On the 23d of July, the committees of Hinsdale, Guilford, 
Halifax, Brattleborough, Fulham, Putney, "Westminster, Itock- 
ingham, Springfield, and "Weathersfield, assembled in conven- 
tion at the house of Col. Serjeants in Brattleborough for the pur- 
pose of concerting measures to protect themselves and their 
constituents from the indignities to which they were sub- 
jected by the authorities of Vermont. Samuel Minott being 
chairman and Micah Townsend clerk, a petition was prepared, 
addressed " to the honorable the Congress of the United States 
of America," in which the disputes concerning the jurisdiction 
of the Kew Hampshire Grants were reviewed, and the conduct 
of those concerned in them, noticed. In opposition to the 
attempts of those who desired to establish Yermont as a sepa- 
rate and independent state, the petitioners stated that a majority 
in several, and a respectable minority in other towns in Cum- 
berland county, including men of the best character and estates, 
were of the oj)inion that the settlement made by the king of 
Great Britain in the year 176-i«was still binding and would so 
remain until Congress should determine otherwise. Announ- 
cing this as their own belief they declared that they had refused 
to join in the "unprovoked and unreasonable" revolt from 
Kew York, choosing rather to suffer the inconveniences which 
would attend their loyalty than to join in an internal revolu- 
tion whose consequences would tell so fatally upon the common 

* During three or four months succeeding the visit of the congressional committee 
of conference, it is probable that the laws of Vermont were not strenuously enforced 
against the Yorkers. In the orders of Col. Samuel Fletcher to Capt. Jesse Burk 
of Westminster, dated at Townshend on the 2d of August, 17*79, Burk is directed 
'' to call upon those called Yorkers " to contribute their proportion in hiring a 
man to do military duty, "biit not to proceed in law against them in case of 
refusal at this time." George Clinton Papers, in N. Y. State Lib., vol. viii, 
doc. 2466. 

f Various MSS. Doc. Hist. N. Y., vi. 978, 979. Journals Am. Cong. iii. 322. 



SCO HISTORY OF EASTERN VERMONT. [1779. 

cause of America. Referriug to the cruel activity whicli had 
been evinced towards them by the " usurped government," and 
to the proscriptive and bloody enactments which the Legisla- 
tm*e of Vermont had seen proper to pass, in order to hold them 
in subjection, they besought Congress — ^by the " complete 
anarchy " under which they had long suffered, by the imputa- 
tions to which they were continually exposed of being branded 
as Tories on account of their refusal to obey the laws of Yer- 
mont, and by the respect due the articles of confederation, 
whose words were intended as emblems of the protection which 
would be afforded to each of the United States — to adopt such 
measures as should restore rights to those who had been 
depris'ed of them by violence, and ensure peace to a distracted 
people.* 

At the same convention, a letter was prepared for Governor 
CHnton, more particular in its details of the situation of affairs, 
and more desponding in its tone, than any which had preceded 
it. In this communication Samuel Minott, in behalf of his asso- 
ciates, recounted the services which they had rendered, and 
referred with regret to the little good which had been thereby 
accomplished. He stated that a number of the inhabitants of 
Cumberland county, influenced by principles of duty and affec- 
tion towards the state of New York, and opposed to the exer- 
cise of an authority which they deemed usurped, had, since the 
beginning of the year 1778, chosen committees to conduct their 
opposition ; that they had held frequent meetings for the pur- 
pose of preserving and increasing the interest on this subject, 
and had often addressed his Excellency in relation to its import- 
ance ; that this attachment had subjected some of them to fines, 
imprisonment, and the partial loss of their estates ; and that the 
state of anarchy which they had been compelled to endure had 
been to them a constant source of trouble and disquiet. " We 
suffered all with patience and cheerfulness," continued the 
writer, " hoping that Congress would at length interfere and do 
justice to the state of New York, by recommending to the re- 
volted to return to their allegiance and use their influence to 
quiet the disorders. And when the violent measures of Ver- 
mont had attracted the notice of Congress, and threatened 
to disturb the peace of the continent, we rejoiced at what had 

* Doc. Hist. N. T., iv. 981-987. Papers relating to Vt Controversy, in office 
Sec. State N. Y., p. 26. 



1770.] TETITION SUBMITTED TO NEW YORK LEGISLATURE. 361 

occasioned Congi-ess to attend to our difficulties, thongli other- 
wise distressing. But when we are convinced that those from 
whom we expected relief, bj public recommendations and pri- 
vate advice, countenance what we before thought was rebellion ; 
and instead of supporting the jurisdiction of N^ew York, advise 
its subjects to a temporary submission to Yermont, and, as we are 
informed, the officers of Yermont how to conduct the opposition 
to ISTew York, we are discouraged, and think it needless for us 
to spend our time and money, and perhaps subject ourselves to 
trials for treason, on account of our duty to the state. As to 
their future conduct, he assured the Governor that the county 
committee were to convene on the return of their representa- 
tives from the Assembly of New York, and would then dissolve 
and submit " to the powers that are," unless it should appear 
that the state had determined to assert and support its jurisdic- 
tion. Amid all these discouragements, he did not fail to declare 
his belief that the rights of New York could be maintained on 
the " Grants.'' In closing, he acknowledged with great courtesy 
the attentions which his Excellency had paid to the distresses 
of his constituents, and expressed gratitude for the efforts which 
he had made to restore peace to an unhappy country."* 

Before presenting the petition to Congress, the convention 
determined to submit it to the New York Legislature, and ob- 
tain their views concerning its sentiments and propositions. It 
was accordingly placed in the charge of Charles Phelps, who 
was instructed to carry it to Kingston. Tlience he was to take 
it to Philadelphia, provided the Legislature should agree to bear 
his expenses. The representatives in the New York Assembly 
from Cumberland county at this time, were Micah Townsend, 
Elkanah Day, and John Sessions. The petition was brought in 
by Mr. Townsend on the 25tli of August ; and, its object having 
been fully explained, the House signified their approbation of 
the course which it recommended by the following preamble 
and resolutions : — 

"Whereas, the inhabitants of the towns of Hinsdale, Guil- 
ford, Halifax, Brattleborough, Fulham, Putney, "Westminster, 
Rockingham, Springfield, and Weathersfield, in the county of 
Cumberland, are immediately and greatly affected by the dis- 
orders prevailing in the north-eastern parts of the state ; have 
suffered exceedingly by their attachment to this state, and oppo- 

* George Clinton Papers, in N. Y. State Lib., voL viii. doc. 2448. 



362 HISTOKT OF EASTERN VERMONT. [1T79. 

sition to the autliority of the pretended state of Yermout ; may 
be presumed to be peculiarly anxious for the restoration of order 
and good government ; and under these circumstances, are enti- 
tled to great indulgence and attention. And, whereas, the Le- 
gislature are disposed to attempt every measure, which may 
have even the most remote tendency to peace and accommoda- 
tion : 

" Resolved, therefore, that for the above reasons, this House 
do consent that the petition of the inhabitants of the said towns, 
signed by Samuel Minott, and bearing date the 23d of July last, 
be presented to Congress. 

" Resolved, that the Legislature will provide for the expense 
of the journey of Charles Phelps, Esq., appointed by the inha- 
bitants of said towns, to present the said petition. 

" Ordered, that Mr. Jay and Mr. F. Bancker, carry the said 
petition, together with a copy of the above resolutions, to the 
Honorable the Senate, and request their concurrence in the said 
resolutions." 

The petition was read in the Senate on the 26tli. Tlie action 
of the Assembly was approved of, and the same preamble and 
resolutions were adopted as an expression of the views of the 
upper house. "While these measures were in progress. Governor 
Clinton had addressed a message to the Legislature on the 25th, 
in which he had referred to the " disturbances in the north- 
eastern counties" of the state, and to the necessity of subduing 
to submission, those who had excited them. Tlie theme sug- 
gested was taken into consideration on the 26tliby a joint com- 
mittee from the two houses, who reported a draft of instructions 
for the benefit of the ITew York delegation in Congress. The 
report was agreed to by the Senate on the same day, and on the 
27th was concurred in by the Assembly. Tliese instructions, 
together with the documents emanating from Cumberland coim- 
ty previously mentioned, were intrusted to Phelps, who soon 
after left Kingston for Philadelphia.* 

While the Legislature of New York and the citizens of that 
state in Cumberland county, were engaged in endeavoring to 
induce Congress to adopt measures which should put a period 
to the dangers by which they were threatened. Governor Chit- 
tenden was not idle. Li a letter addressed by him to President 

* N. Y. Assembly Journols. N. Y. Senate Journals. Doc. Hist. K Y., iii. 987- 
992. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 27. 



1779.] SENTEVTENTS OF GOV. CHITTENDEN. 363 

Jay on the Sth of August, he maintained the right of the new 
state to a separate and independent jurisdiction, and stated in 
plain but forcible terms, the reasons which had induced the 
late seemingly severe conduct on the part of Vermont towards 
the New York adherents. He denounced the action that Con- 
gress had taken in their resolves of the 16th of June previous, 
and declared that the authority of Vermont had been "im- 
peached and censured" by them, before the " facts and circum- 
stances in the case could have been particularly known." The 
punishment which those acting under New York authority had 
received, was owing, he remarked, to a " high-handed breach of 
the peace," of which they had been guilty, and he further stated 
that their liberation had been effected previous to the passage 
of the resolves referred to. Tlie full meed of praise was given 
to the valor and patriotism of the Green Mountain Boys. 
Their readiness to engage in the scenes of war, and to bear 
their proportion not only of the labor but of the expense also, 
received special comment. Notwithstanding the declaration 
of the inhabitants of the southern part of Cumberland county, 
tliat they were the warm friends and firm supporters of the 
cause of the United States, the Governor asserted that many of 
them who were able-bodied and efi'ective, had taken advantage 
of the disputes between New York and Vermont, " to screen 
themselves from service," and had refused to comply with the 
appeals which had been frequently made to them for their 
quota of men and money to furnish defence for their own fron- 
tiers. The whole tenor of this letter bore evidence to the inten- 
tion of the writer and his friends, to maintain, at all hazards, 
the independence of Vermont as a separate state. 

On his arrival in Philadelphia, Phelps, not satisfied with 
delivering the documents of which he was the bearer, used his 
exertions to interest such members of Congress as he could 
approach, in behalf of the measures advocated by the New 
York delegation. "While engaged in these attempts, he kept 
the Legislature, at whose expense he was then supported, well 
informed of the temper of Congress, and of the opinions which 
were entertained by the members on the subject of the con- 
troversy. Some of them, he stated in his letter of the 21st of 
September, were satisfied with the manner in which New York 
had borne with those who had maltreated her subjects, and were 
of opinion that it was " high time" to put an end to the juris- 
diction of Vermont. At the same time he did not conceal 



364 HISTORY OF EASTERN VERMONT. [17Y9. 

the fact, that there were others who would be glad to see Yer- 
mont established as a separate state. After numerous delays 
the subject of the controversy was taken up by Congress on the 
24th of September, and several resolutions were adopted pre- 
paratory to the final disposal of the matter. The committee 
of conference, who had been appointed in the month of June 
previous, a majority of whom, as it was declared, had never 
met in the district to which they were sent, and, therefore, had 
never executed the business committed to them, or made a 
regular report thereon to Congress — this committee were dis- 
charged from further service.* 

To the states of l^ew Hampshire, Massachusetts, and Kew 
York, the passage of laws expressly authorizing Congress " to 
hear and determine all differences between them, relative to 
their respective boundaries, in the mode prescribed by the 
articles of confederation," was earnestly recommended. To the 
same sta'tes the passage of similar laws was also recommended, 
concerning the settlement of disputes between them and the 
inhabitants of the " Grants." Congress also asked for authority 
to adjudge all differences subsisting between the grantees of the 
states named with one another, or between either of the states, 
respecting title to lands lying witliin the " Grants." In case 
this power was granted by the states concerned, Congress 
pledged their faith to carry into execution the decision they 
should make, whatever it might be, in order that permanent 
concord and harmony might be established, and all cause of 
uneasiness removed. The first day of February, 1780, was 
fixed upon as the time when Congress would hear the argu- 
ments of the different parties. As to the manner of voting, it 
was expressly stated that neither of the states interested in the 
controversy should vote on any question relative to its decision. 
Until this reference was had. Congress declared it the duty of 
the people on the " Grants," who denied the jurisdiction of the 
states before mentioned, to abstain from exercising any power 
over any of their neighbors who professed allegiance to any or 
either of the interested states. Tliey further declared it to be 
incumbent on New York, New Hampshire, and Massachusetts 
respectively, to suspend the execution of their Laws over the 
inhabitants of the " Grants," except in the case of those who 
acknowledged the jurisdiction of any one of these states. In 

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 29. 



17T9.] RESOLVES OF CONGKESS. 365 

defining the limits of that district for which a separate and 
independent jurisdiction was claimed, they resolved that none 
of the towns either on the east or west side of Connecticut river 
should be considered as included within it, those being excepted 
which had heretofore actually joined in denying the jurisdic- 
tion of the states before named, and had assumed a separate 
jurisdiction under the name of the state of Yermont, Tliey 
also gave it as their opinion that no unappropriated lands or 
estates lying in this newly named district, which had been or 
might be adjudged, forfeited, or confiscated, ought to be granted 
or sold, until the final decision of Congress should be made 
known. The inhabitants of Yermont were especially desired 
to abstain from all hostile action, and to this end it was recom- 
mended to them to cultivate harmony and concord among 
themselves, to forbear "vexing each other at law," and to 
"give as little occasion as possible for the interposition of 
magistrates." By these resolutions it was proposed, that the 
power of deciding the controversy should rest with Congress. 
On the 2d of October, it was proposed that this power should 
be vested in " commissioners or judges," to be appointed in 
the mode prescribed by the ninth article of the confedera- 
tion. 

This programme of the course which Congress intended to 
pursue, was immediately transmitted to all the parties interest- 
ed, with a request that they would conform to its provisions. 
In compliance with this application, resolutions were passed and 
agents were appointed by New York, on the 21st of October. 
On the same day, the General Assembly of Yermont elected 
delegates to appear at Congress to vindicate the right of that 
state to independence, and to agree upon articles of union and 
confederation. Massachusetts, although she did not choose 
agents to represent her in the approaching conference, avowed 
her right to a portion of the controverted territory, notwith- 
standing the agreements which had been previously made, by 
which she had been excluded from participation. Tlie resolves 
of Congress were approved of in New Hampshire, and delegates 
were chosen on the 17th of November, to present and defend 
the claims of that state at the time appointed, Tlie power of 
deciding the unhappy disputes which had caused so much per- 
sonal and political animosity, was now in the hands of a tribu- 
nal which commanded the respect of the appealing states. To 
its decision, not only the parties concerned, but all the states in 



366 niSTOEY OF EASTEEN VERMONT. [1779. 

tlie confederacy looked forward with an interest commensurate 
with the importance of the results which were to follow.* 

* Doc. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 365-36T, 
3*71. Slade's Vt. State Papers, pp. 110-116. Papers relating to Vt. Controver- 
sy, in office Sec. State N. Y., p. 30. Laws of N. Y., in office Sec. State N. Y., 
1111-1189. 



CHAPTEE XIY. 



CONXmUATION OF THE DISPUTE. THE BTJENING OF EOTALTON. 

Representatives from Cumberland county in the New York Assembly — Guilford- 
ite Yorkers — Elections held by order of New York — Micah Townsend's Letter 
to Gov. Clinton — Convention of Committees at Brattleborough — Samuel Minott 
to Clinton — Charles Phelps refuses to serve in the Vermont Militia — He and his 
son Timothy are fined — Second Convention of the Committees — Major Jonathan 
Hunt sent to Philadelphia — Action of Congress — attempts of Vermont to effect 
a Settlement with the Yorkers — Petition of Inhabitants of Cmnberland county 
to the New York Legislature — Gov. Clinton's Letter to Samuel Minott — Joeiah 
Bigelow and Peter Briggs, the contumacious Yorkers — Col. Patterson's attempts 
to enlist Soldiers — Suspicions concerning the loyalty of Vermont to the Ameri- 
can cause — Gov. Clinton's opinion — Hearing before Congress of the Claims to 
the " Grants" — Incursion of the Indians at Barnard and Bethel — ^Fort Defiance 
built — The British and Indians plan an attack on Newbury — Are diverted from 
their object — They attack Royalton — Sufferings of the Havens family — Adven- 
tures of Gen. Elias Stevens and Capt. John Parkhurst — Escape of the Rix family 
— Heroic conduct of Gen. Stevens — Various incidents connected with the cap- 
ture of the Inhabitants — Col. John House and his men pursue the Enemy — The 
Fight— The Threat of the Indians— Their Flight- Fate of the Captives— Opi- 
nions concerning the conduct of Col. House — Review of the Losses — Incidents 
connected with the Inroad — The Exploits of Mrs. Hendee — The Alarm at Brook- 
line — The Flight of the People — The Burning Brush-heaps at Newfane — Prepa- 
rations for Defence — The gathering of the Soldiery — The Calmness of Noah Sa- 
bin Sen. misinterpreted — Explanation of the Alarm. 

DtJEiNG the winter of 17Y9, 1Y80, and the spring of the latter year, 
various attempts were made to obtain from Congress a decision 
of the controverted question of jurisdiction which continued to 
harass the people of New York and cramp the energies of the in- 
habitants of Vermont. Tlie attention of Congress was so much 
occupied in furthering the general welfare of the Union, that the 
points of difference between the contending parties, were allow- 
ed to remain imdecided. Meantime, Cumberland county was re- 
presented in the Legislature of New York by Micah To wnsend of 
Brattleborough and Elkanah Day of Westminster. The former 
occupied his seat from the middle of August, 1779, to the middle 



368 HISTORY OF EASTEEN VERMONT. [1780. 

of March, 1780, and was indefatigable in his endeavors to assist 
the inhabitants of Cumberland county. The latter was present for 
a few days only, at the beginning of the session ; and, whether 
governed by choice or necessity, did but little to advance the 
interests of his constituents. 

In a few of the towns in the county, the Yorkers continued 
to assert their rights, and did not scruple to punish those whom 
they deemed guilty of crime. Some time in tlie month of Fe- 
bruary, 1780, Henry Sherburn and Timothy Eoot, inhabitants of 
Guilibrd, and supporters of New York authority, " arrogated to 
themselves" the power of acting as judges in a case between 
Ephraim Nichols and Henry Hix. Sherburn administered 
oaths, took the evidence in due form, and, in conclusion, he and 
Koot decreed Hix guilty, and awarded to him, as a suitable 
punishment, fifteen stripes on his naked back. It is stated that 
" Job Whitney laid them on." But the Guilfordite Yorkers 
were not content with partially establishing the jurisdiction of 
the state to which they owed allegiance. Tliey aimed to be the 
sole rulers within their own town. They were jealous of rivals, 
and of those who seemed to be aiming at that condition. It 
was this sentiment which, on the 6th of May, brought Hezekiah 
Stowell, Asa Eice, Phineas Kice, and Micah Kice, headed by 
the before-named Sherburn, to the house of Levi Goodenough 
Jr., who, by the authority of the people of " the independent 
state of Vermont" was holding a court, and at the time of the 
visit, was busied in the trial of a criminal. On this occasion, 
Sherburn evinced higher powers of magistracy, for, by his or- 
ders, Goodenough was forbidden to proceed with the trial, the 
couvt was broken up, the criminal was ordered home, and the 
authority of Vermont was defied. 

Circumstances like these served to awaken in the minds of 
the Yorkers the hope that they might be successful in establish- 
ing what they regarded as the rightful jurisdiction. In several 
towns they attempted to exercise the right of suffrage, at the 
spring elections which had been ordered by New York. Simeon 
Edwards, a valiant citizen of Guilford, " signed and posted up 
a warrant in the name of the sheriff," requiring the people of 
the town to assemble and elect a Governor and other civil offi- 
cers for the state of New York. In obedience to this call, those 
of the inhabitants who regarded the warrant as legal assembled, 
and an election was held. In other places the supporters of 
the new state, tore down the notifications and threatened all 



1Y80.] OPINIONS OF THE PEOPLE. 369 

who slionld concern themselves in New York elections with 
prosecutions. When the people met at Putney to vote, the 
Yermonters appeared in force, and, by their authoritative and 
menacing manner, put an end to the voting. Conduct similar 
to this in other towns deten'ed many of the more timorous 
friends of New York from declaring their sentiments, Tlie 
election was regarded by all as a failure. It did not express 
even the little strength which was to be found in the ranks of 
the minority. 

On the 10th of April, after his return home from the session 
of the New York Legislature, Micah Townsend wrote to Go- 
vernor Clinton informing him of the sentiments which were 
entertained concerning the controversy, by the various classes 
of people with whom he was brought in contact. For three 
years had the loyal subjects of New York awaited the decision 
of Congress respecting the recognition of Yermont as a sepa- 
rate state. To the February just passed they had looked for- 
ward with th'C hope that this important question would then be 
settled. Their agents had, however, returned from Phila- 
delphia, and the most encouraging report they could give, was 
that Congress would not at present determine the dispute. 
Uneasiness, "general and great," followed. A few openly 
espoused the cause of, and subscribed the oath of allegiance to 
Yermont. Many, wavering between hope and fear, began to 
think of safety in " an agreement ^ith the ruling powers," as 
they designated the government of Yermont. Others, resolving 
to remain true to the jurisdiction which they believed just, 
continued to exhort the desponding to stand firm in the interest 
of New York, imtil Congress should have leisure to view the 
important question in its varied bearings, and publish a decision 
which should prove equitable as well as legal. Meantime the 
Yermont Legislature were straining every nerve to increase 
their power. At their March session held at Westminster in 
the present year, they had granted large quantities of land to 
persons residing in the New England states, and had appointed 
a committee of three to confer with the Yorkers in Cumber 
land county. The men chosen to manage this conference, hav- 
ing lobbied at Congress, had become skilled in the arts of 
insinuation, and fears were entertained that they would succeed 
in misleading those who had not much to gain should the 
authority of New York be estabhshed, but who had every- 

24 



370 HISTORY OF EASTERN VERMONT. [1780. 

thing to lose iu case lier claim should be pronounced in- 
valid.* 

For the purpose of ascertaining the political condition of 
Cumberland county, a convention of those owing allegiance to 
Xew York was held at Brattleborough on the 11th of April. 
Xine towns were represented. However satisfactory the delibe- 
rations on this occasion might have been, yet the letter to Go- 
vernor Clinton, written by the chairman Samuel Minott, in 
behalf of the convention, was not of a character to inspire hope, 
either by its references to the present, or by its estimates of the 
future. After mentioning the opinion prevalent among the 
people, that Congress would pay no attention to the settlement 
of tlie dispute during the continuance of the present war, Mr. 
Minott reverted to the transactions in which he and his asso- 
ciates had been engaged in support of the jurisdiction of ISTew 
York. He reminded the Governor, that many of the inhabit- 
ants of Cumberland county, from the time the independence 
of Yermont was asserted, had continued subjects of New York; 
that the Legislature of New York, to encourage them to remain 
in allegiance, had, " in the most solemn manner," pledged the 
faith of the state to protect their persons and property ; and 
(although no blame could be charged upon his Excellency) that 
this pledge had been broken, many of the subjects of New 
York having from time to time been "notoriously injured," and 
prevented from obtaining the least satisfaction for their maltreat- 
ment, or the least assurance of exemption from such usage in 
future. He then referred to the ineffectual attempt which had 
been made in Congress to settle the dispute, by sending com- 
missioners to the " Grants," and alluded to the resolutions which 
had been passed by the same body on the S-lth of September, 
1779, " generously designed" to protect the grantees, and "pre- 
vent the alienation of public propert}^" Nor did he omit to 
inform his Excellency, that the Legislature of Vermont, in spite 
of all these endeavors, had made large grants of land to certain 
persons who had applied for favors of this kind ; had impri- 
soned and harassed several of the subjects of New York for 
offences against the laws of Yermont ; had punished several 
who had sold liquors without a Yermont license; and had 
chosen a committee to attempt to persuade the subjects of New 

* MS. Information against Yorkers. George Clinton Papers, in N. Y. State 
Lib. vol. ix. doc. 2791. 



ITSO.] minott's letter to clinton. 371 

York to submit to the jurisdiction of the new state before the 
1st of June following. 

Alluding to the precariousness of the situation of the Yorkers, 
lie continued : " Hitherto, sir, we have at the risque of our ears, 
and of receiving the infamous punishment of whipping, sup- 
ported the jurisdiction of the state in this county. But as we 
begin to believe that Congress — with whom the matter now 
solely rests — will not do anything effectual for our relief, we do 
not think it our duty any longer to put our all at stake. We 
would wnsh, sir — we are earnestly desirous, to live under the 
government of Kew York, but cannot longer risque so much for 
a government which is either unable or unwilling to protect us ; 
and must candidly assure your Excellency, that unless Congress 
shall have settled this controversy by the 1st of June next, the 
subjects of New York in this county must, for their own safety, 
connect themselves with some power able to afford them secu- 
rity." "While thus stating the grievances to which the adherents 
of New York in Cumberland county had been subjected, Mr, 
]\Iinott, in behalf of his associates, assured the Governor that 
these unfortunate results had not been occasioned by any neglect 
on his part. "We beg leave," wrote he, "to express the 
warmest sentiments of gratitude to your Excellency, for your 
conduct through the whole of our most distressed situation. 
We are truly sensible, sir, that you have done all in your power 
to relieve us, and that if Congress had the same tenderness for 
the calamities of their constituents which you have repeatedly 
shown to those under your care, we should before this have been 
in a capacity of doing something to assist the continent in car- 
rying on the war." Such were the accounts transmitted to 
Governor Clinton from Cumberland county. They were intended 
both for his instruction and the edification of the congressional 
delegation from New York. 

Accompanying this communication was a letter from Micah 
Townsend, of the 12th and 14th of April, confirmatory in part 
of the statements which had been previously reported. His own 
situation he represented as " truly disagreeable," and his reasons 
for this declaration were not trifling. He was well aware that 
the New York Legislature regarded every act done by them for 
the maintenance of their jurisdiction on the " Grants," as a ftivor 
conferred upon their constituency who resided there. He also 
knew that the Yorkers in Cumberland county supposed that 
they had merited from the Legislature protection at least, since 



372 HISTORY OF EASTERN VERMONT. [1Y80. 

without anj prospect of private advantage, they had spiritedly 
maintained the authority of New York against the \aolent mea- 
sures of the Yermonters. An accurate knowledge of the situa- 
tion of the Yorkers, both in and out of Yermont, enabled him to 
mark the instances in which a want of union in their counsels 
had been detrimental to their cause, and had given strength to 
their antagonists.* 

Having dispatched these letters, the subjects of New York 
flattered themselves that there would be no necessity of troubling 
the government with their complaints for some time to come. 
As the Yermont Legislature had appointed a committee to confer 
with the Yorkers for the purpose of establishing a basis for a 
union, it was not supposed that hostilities would be continued 
between the two parties, or that Yermont laws would be enforced 
against those who denied the authority of the state. But the 
facts were otherwise. Pursuant to orders from Governor Chit- 
tenden, drafts of men were made in Cumberland county in the 
latter part of April. In some towns no distinction was observed 
between those who acknowledged and those who denied the 
jurisdiction of Yermont, and in the few towns in which a dift'er- 
ence was made it was wholly favorable to the citizens of that 
state. In Marlborough, Charles Phelps and two other persons, 
who had long been bitter opponents of the new state, were 
drafted as soldiers until the 1st of January, 1T81. Phelps refused 
to serve, and declined to pay the fine which was imposed iipon 
him in consequence of his refusal. On the 2d of May, 1780, 
Abel Stockwell, in conformity with the statute in that case pro- 
vided, attempted to distrain for the fine. While thus engaged 
he was attacked by Charles Phelps and his son Timothy, who 
did " beat, bruise, cut, wound, and evil entreat" him to such an 
extent that his " life was greatly despaired of." Dissatisfied 
with this result, Stockwell visited Phelps's house a second time, 
and on this occasion seized his cattle and levied a fine of " twenty 
silver dollars" on his son. At the same time he threatened the 
younger Phelps with whipping if the fine was not paid. A few 
days after this occurrence, as was then reported, a post was 
erected in Marlborough for the pm'pose of facilitating the exe- 
cution of the punishment. 

Determined to prosecute the matter further, Stockwell enter- 
ed a complaint against the Phelpses, and, on the 23d of May, the 

* George Clinton Papers, in N. Y. State Lib., vol. ix. docs. 279S, 2806. 



1780.] PEOCEEDINGS AGAINST THE PHELPSES. 373 

sheriff was ordered to attacli their goods to the vahie of £6000 
hxwful money, or their bodies in case property to this amount 
could not be found. On the 8th of June, Joseph Church, the 
constable of Marlborough, endorsed the following return on the 
writ: "I have attached sixty acres of land belonging to the 
within named defendants — thirty acres belonging to the within 
named Charles Phelps, Esq., beginning at the dividing Hne be- 
tween him the said Charles and Timothy Phelps, ten rods west 
of his dwelling-house, ^vest as far as his land goes, and so far south 
as to contain thirty acres ; and thirty acres belonging to Timo- 
thy Phelps, beginning at the above-mentioned dividing line, 
extending north as far as to contain thirty acres, bounding 
west on Newton's land — and have left an attested copy at each 
of their houses of this writ, with my doings thereon." The cause 
was tried on the 3d Tuesday in Jmie, but the decision of the 
court was withheld. At the August term, Charles Phelps came 
before the court, and, in defence of his conduct, stated that he 
made the assault only to maintain possession of his property, 
which was being " wrenched from him by force and arms ;" that 
he was a subject of New York, but could obtain no redress of 
grievances by the laws of that state ; and that he was forced 
" by the laws of nature and nations" to protect his rights by the 
means which were in his power. It is hardly necessary to say, 
that these statements produced but little impression on the court. 
The defendants were sentenced to pay a fine of £500 lawful 
money, and an execution was immediately granted against the 
property which had been already attached. Marlborough was 
not the only town whose inhabitants were called upon to serve 
in the Vermont militia. In HaKfax, five Yorkers were drafted 
but no Yermonters. In Guilford, Capt. Price and four other 
persons, subjects of New York, were enrolled, and two of the 
new state's men. In Dummerston, one Yorker and one Yer- 
monter were drafted. In Putney, thirteen Yorkers and two 
Yermonters were required to furnish five men. 

On the 2d of May, the committees from eleven towns in Cum- 
berland county, assembled at Brattleborough, for the purpose of 
devising such measures as should seem best fitted to protect 
their own interests and those of New York. In a letter address- 
ed to Governor Clinton, they explained their situation, and de- 
fined the position in which they were placed. To fight with or 
submit to the government of Vermont appeared to them their 
only alternative. " On the one hand," said they, " we have 



374: HISTOET OF EASTERN VERMONT. [1780. 

notliing to expect but an unequal and bloody conflict with a 
ferocious set of men, exasperated by our opposition to their ille- 
gal measm*es. On the other, submission to a government which 
we know to be usurped, and whose cruelties have already taught 
us to dread and abhor it. From this dilemma Congress, and 
Congress alone, can relieve us ; and if our situation could be 
rightly explained to them, and that honorable body could be 
induced for a moment seriously to attend to it ; if they have 
not wholly lost that glorious spirit which has heretofore, in so 
eminent a manner, distinguished them — and regard their faith 
unanimously and solemnly pledged, we are persuaded they 
must put an end to our miseries by speedily determining to 
which of the thirteen states we belong. But, if they will not, 
God knows what will become of us, even while we are waiting 
their leisure." Other points bearing upon the subject of the 
controversy were also discussed. In view of the little support 
which was expected from Kew York, the committees expressed 
an earnest desire that the Governor would not blame them for 
taking such measures as they should think most conducive to 
their safety ; but, on the contrary, would admire the fortitude 
and loyalty which had induced them, " so long and unassisted^ 
to stem the impetuous torrent of disloyalty and oppression." 
This communication, cogent in its reasons, direct in its conclu- 
sions, and accurate in its facts and details, was signed by Sa- 
muel Minott, the chairman of the town committees, and was 
entrusted to Major Jonathan Hunt, who was chosen an espe- 
cial messenger to deliver it to Governor Clinton. 

Having fulfilled his commission, Major Hunt proceeded to 
Philadelphia, and on the 23d of May subscribed an affidavit 
which was read in Congress, in which he declared his belief, 
founded on credible information, " that the assumed govern- 
ment of the New Hampshire Grants, called Yermont " was 
intending after the 1st of June following, " to put their laws 
into execution over the persons and estates of the inhabitants of 
the said ' Grants ' and to exact from them an oath of allegiance 
to their pretended state." He also stated that "William Williams 
of Wilmington, who had formerly received a colonel's commis- 
sion from the Convention of the state of ISTew York, who had 
been a member of said Convention and was now a member of 
the Assembly of Yermont, had informed him that the govern- 
ment of Yermont had re-granted lands which had been pre- 
viously granted by New York, without consulting the rights or 



1780.J CONGRESSIONAL JSIEASUEES. 3T5 

interest of the first grantees, and had also disposed of large tracts 
to persons residing in Connecticut, and to certain continental 
officers whose petitions for land had been presented by Col. 
Roger Enos, a continental officer of that state.* 

In view of this representation, and of other representations of 
a similar character. Congress on the 2d of Jnne declared the 
conduct of the people of the " Grants," " in contravening the 
good intentions " of the resolutions of the 24th of September, 
and of the 2d of October, 1779, to be " highly unwarrantable, 
and subversive of the peace and welfare of the United States." 
At the same time the inhabitants of the controverted district 
were, by a special order, " strictly required to forbear and 
abstain from all acts of authority, civil or military, over the 
inhabitants of any town or district who hold themselves to be 
subjects of, and to owe allegiance to any of the states claiming 
the jurisdiction of the said territory in whole or in part," until 
the controversy, should bo determined. Desirous no doubt of 
terminating internal dissensions of every character, Congress 
resolved to " proceed to hear and examine into, and finally 
determine the disputes and differences relative to jurisdiction," 
as soon as nine states, exclusive of those who were parties to the 
controversy should be represented. By a subsequent order, 
passed on the 9th, the second Tuesday of September following 
was fixed upon as the day upon which Congress would declare 
their final determination.f 

At their spring session, the General Assembly of Vermont had, 
on the 15th of March, appointed Stephen R. Bradley, Moses 
Robinson and Jonas Fay, a committee "to enquire as soon 
as may be into the cause, and officially take the reasons why 
certain of the inhabitants of the county of Cumberland are 
opposed to the authority of this state, and wherein their griev- 
ances consist." Pursuant to this appointment, the committee, 
accompanied by Governor Chittenden, assembled at West- 
minster, and afterwards at Putney, " to attend on the Yorkers," 
and to " bring about a union with the Brattleborougli commit- 
tee," of which Samuel Minott was chairman. However well- 
intentioned this measure might have been, it does not seem to 
have been followed either by a compromise or by any kind of 

* George Clinton Papers, in N". Y. State Lib., vol. ix. docs. 2856, 2865. MS. 
Affidavit of Jonathan Hunt. 

\ Journals Am. Cong., iii. 462-465. Broadside, in Papers relating to Vt. Con- 
troversy, in office Sec. State K Y., p. 34. 



376 HISTORY OF EASTERN VERMONT. [l780. 

a permanent or temporary settlement. A similar result appears 
to have attended the negotiations of a like committee, who were 
directed to convene during the month of August at Westminster, 
at Putney, and at Brattleborough, "to settle with the Yorkers."* 
The 1st of June, the time at which it was supposed the 
governmeiLt of the new state would manifest its power by some 
decisive act, had come and gone, and no change in the adminis- 
tration of Yermont affairs had taken place sufficiently important 
to attract especial attention. To the New York adherents the 
hopes which they had so long cherished, not only that a decision 
would be made, but that it would be favorable to them, began 
to assume an appearance more fantastic than real. Knowing 
that they could not afford to lose all they had expended in this 
contest, and deeming it just that the state for which they had 
hazarded so much should reimburse them for expenditures 
made in her behalf, they presented to the New York Legis- 
lature, on the 12th of June, through Micah Townsend, a petition 
designed to accomplish this end. In it they referred to the dis- 
affection which had led to the establishment of Yermont as an 
independent jurisdiction ; to the efforts which had been made 
by the Legislature of New York to prevent the disaffection 
from becoming general, which efforts had resulted in a resolve, 
passed in February, 1778, by which the faith of the state was 
then pledged " to concur in the necessary measures for protecting 
the loyal inhabitants of this state residing in the counties of 
Albany, Charlotte, Cumberland, and Gloucester, in their jDersons 
and estates ; " to the constancy which many of the residents on 
the " Grants " had exhibited in continuing allegiant to New 
York ; to the earnest endeavors which had been made by these 
"loyal subjects" to obtain the protection of government; to 
the ill success that had attended their efforts ; and to the perse- 
cutions they had endured in the shape of fines, imprisonments, 
and the confiscation of property. Resting their claim on these 
considerations, they declared that the Legislature were bound 
in equity to make compensation for the injuries they had 
received, and expressed a hope that their petition for such com- 
pensation would be answered. A request so reasonable as this 
could not, it would seem, have met with a refusal ; but con- 
siderations more pressing in their nature were continually 
demanding the attention of the Legislature, and it was not until 

* MSa of the Hon. Stephen R. Bradley. 



1780.] ' Clinton's lettek. 377 

several years had elapsed that this application, and other 
applications resembling it, were treated to a final and definitive 
answer.* 

On the 16th of June, Governor Clinton replied to the com- 
munications he had received from Samuel Minott in behalf of 
the town committees, and entrusted his letter and other import- 
ant papers to the care of Major Hunt, who, on his way home 
from Philadelphia, had stopped at Kingston, where CKnton then 
resided. "With reference to the resolves of Congress he pro- 
fessed his faith in the truth of the statements they contained, 
and made no doubt that the instant there should be a full repre- 
sentation in Congress, and the public affairs should with 
propriety permit attention to be paid to the subject of the 
controversy, it would " be put in a course of decision." Not- 
withstanding his own convictions, he did not endeavor to 
conceal from himself or his friends the probability existing that 
the Vermonters would not heed these resolves, " Should your 
neighbors," wrote he, " in contempt of the authority of Con- 
gress, and at the hazard of the welfare of the whole confedera- 
tion, by embroiling its members in a civil war at this crisis, 
still persevere in their usurpations, I must recommend it to 
you not to submit voluntarily, but at the same time, that in 
your resistance you will be guided by prudence, reflecting that 
the whole force of all the states will not only be shortly called 
forth, but will be necessary to ensure success to the great 
intended operations against the common enemy ; and con- 
sequently, that, however at another time it might be in our 
power, and at all times my sincerest desire, to relieve and 
protect you, yet that in the present conjuncture the power of 
the state must be directed to another, and I feel assured your 
own candour will induce you to admit, a more imj^ortant, 
object." In another part of his communication, he informed 
Mr. Minott, that complaint had been made to him, when at 
the northward, that the subjectsof KewTork, resident in Cum- 
berland county, were living "totally exempt from pubHc 
burthens." While declaring his disbelief in the charge, he stiH 
expressed a wish that " even the appearance of a cause might 
be removed," and therefore recommended the formation of a 
company of soldiers in the " well-affected towns," to serve for 



* Doc. Hist. N. Y., iv. 1003 1004. Papers relating to Vt. CJontroversy, in 
office Sec. State K Y., p. 35. 



378 HISTORY OF EASTERN VERMONT. [1780. 

three months from the middle of the approaching July. He 
further proposed, that the men thus raised should be attached to 
the levies required of New York to serve with the continental 
army, " in the intended operations against the enemy in the 
southern parts of the state," and named Fishkill as the place 
to which they should repair as soon as embodied. At the same 
time he expressed his willingness that the soldiers — provided 
such was their wish — should be stationed at Skenesborough, 
now Whitehall, that they might be nearer to their families and 
homes. In a letter to Col. Eleazer Patterson, of the same date, 
he enclosed commissions for several officers who had been re- 
cently appointed, and expressed the hope, provided the project 
of raising men for the army in the " well-afiected" towns should 
appear practicable, that Patterson would lend his " best exer- 
tions" to carry it into prompt execution,'^ 

Although the subjects of IS^ew York in Cumberland county 
were at all times ready to serve that state in a civil or military 
capacity, they did not consider themselves bound to perform 
similar duties for Yermont. It chanced therefore, that when 
Comfort Star, captain of the first militia company in Guilford 
connected with the first Yennont regiment, in pursuance of an 
act of the General Assembly and in obedience to orders from his 
colonel, directed his company to convene at their usual place of 
parade on the 25th of April, and on their assembling, selected 
Josiah Bigelow and Peter Briggs to serve in the state guard 
until the 1st day of January, 17S1 — it chanced then, that both 
of the men drafted, refused to join the troops they were detach 
ed to serve with, and declined to pay the fine required of them 
by statute as the punishment for such neglect. Thereupon, by 
order of the Hon. Moses Pobinson, the Chief Judge of the 
superior court, process was ordered against the delinquents. 
Dr. Daniel Rood, of Putney, an "indifferent person," served 
the summons on Briggs, on the 7th of June, by leaving an 
attested copy of it at his dwelling. With Bigelow he did not 
succeed as well. Having first attempted to read the summons, 
he was ordered out of the house with hard words. On the 
second essay, he was not only treated in a similar manner, 
but was driven out of doors by Bigelow, who with one fist in the 
Doctor's face, and the other at his side, emphatically declared, 
he " should take it," if he attempted to read the summons. 

* George Clinton Papers, in K Y. State Lib., voL x. doc. 2981. 



1780.] ENLfsTMENT OF SOLDIEES. 379 

After several efiorts of this nature, " being impeded by the 
position and words" of Bigelow, Rood delivered the summons 
verbally and favored the contumacious Yorker with an attested 
copy of the same. At the trial before the superior court, 
judgment was rendered against the delinquents, and each was 
sentenced to pay a fine of £108, together with the costs of the 
ti-ial.* 

The proposition made by Governor Clinton, that a company 
should be formed in Cumberland county for the continental 
service, was favorably received, and measures were imme- 
diately taken for carrying it into execution. From every 
twelve or thirteen men, one man was selected to serve as a 
soldier, and his expenses were borne by those from whom he 
was chosen. Col. Samuel Wells, of Brattleborough, rendered 
valuable assistance in forwarding the j^roject, and even went 
so far as to hire a man at his own expense. In announcing to 
the Governor the success which had attended these efforts, 
Micah Townsend, in his letter of the 19th of July, did not fail 
to mention the little difficulties with which he and his friends 
had been obliged to contend. Li order to avoid any misunder- 
standing in the future, he recommended to the Governor that 
the state should advance a small amount of money for the 
benefit of the company, even though Congress should refuse to 
sanction the expenditure, rather than that the soldiers should 
be rendered " uneasy," by being fed on expectations alone. 
Col. Eleazer Patterson, in reference to the same subject, informed 
the Governor, on tlie 20th of July, that he and the officers of 
his regiment had spared no exertions to procure a company of 
fifty men, and that the reason why this number was not yet 
fully completed, was the " peculiar situation" of the friends of 
New York, and not a " want of sufiicient exertion" on the part 
of those to whom the business of enlisting had been entrusted,- 
or of " spirit in the people." 

In his reply of the 16 th of September, Governor Clinton 
exhorted the Colonel and those associated with him, to adhere 
to the course they had taken. Tliat their military organization 
miglit be in accordance with the laws of the state, he announced 
to them the necessity of being properly armed and accoutred, 
and of being provided with ammunition. He expressed fuU 
confidence in their loyalty to New York and the United States, 

* MS. Papers in the Office of Clerk of Rutland Co., Vt. 



380 HISTOET OF EASTEKN VEEMOXT. [17S0. 

and declared his belief tliat they would make use of every 
means in their power to render their recruits military and 
effective men.* 

During the summer of this year, suspicions had been enter- 
tained that the principal men interested in the government of 
Vermont, were engaged in negotiations with the British in 
Canada, but as to the correctness of the suspicions or the nature 
of the negotiations nothing could be determined. By Sep- 
tember, these suspicions had increased to such an extent that 
they were regarded by many as facts. Fears were also pre- 
valent that the enemy were about to make an incursion into 
Vermont, for the purpose of reducing it to a British province. 
Depositions containing information to this effect, were attested 
by Benjamin Butterfield and Jonathan Church, inhabitants of 
Cumberland county. The statements made by these gentle- 
men, were based partly on hearsay and rumor, and partly on 
conversations which they had held with persons who had seen 
scouts who had removed from Cumberland county and 
joined the British in Canada. Tliese depositions, which were 
taken at the instance of the New York adherents, were trans- 
mitted to Governor Clinton for his perusal. Accompanying 
them was a communication of the lltli of September, signed 
by the deponents, also by Col. Eleazer Patterson, Lieut.-Col. 
John Sergeants, Capt. Timothy Church, and several private 
gentlemen, recommending the appointment of a committee 
" invested with some degree of authority," whose duty it 
should be to watch such of the inhabitants of the county as 
might be suspected of conspu-ing with the British against the 
Americans, and report their names to the proper authorities. 
Although this proposition was well received by the Governor, 
he was prevented by political reasons from acting on its sug- 
gestions. Under these circumstances he substituted counsel for 
action. " I can only advise," said he, in his letter of October 
3d, " the present civil and miHtary officers to vigilance and a 
faithful exertion of the authority they are vested with, and I 
would fain hope they will, in this case, be able to defeat the 
designs of our secret enemies." He also reminded his friends, 
that any person who had joined the enemy, and who should be 
found lurking secretly in the county, was triable by a general 



* George Clinton Papers, in N. T. State Lib., vol. x. docs. 3081, 3085: xL 
3224. 



1780.] LUKE KNOWLTON. 881 

court-martial as a spy, and subject to capital punishment ; and, 
further, that any person who should " knowingly harbor or 
comfort" a spy was guilty of a misdemeanor of the highest 
nature. That the suspicions which gave rise to these precau- 
tions were partly founded in truth, there is now no doubt. 
The vague reports which were then floating among the com- 
munity, springing from no very responsible source, and exag- 
gerated by transmission, were the precursors of that diplomatic 
correspondence which for more than two years was carried on 
between Frederick Haldimand on behalf of the British, and 
Tliomas Chittenden on the part of Vermont, and which gave 
foundation to innumerable stories subversive of the ideas which 
had hitherto been entertained of the loyalty of Vermont to the 
cause of America.* 

In conformity with the expressed determination of Congress 
to adjudicate fairly upon the conflicting claims to the "Grants," 
the new state's men had already appointed their agents to 
appear at Philadelphia, and other parties interested in the con- 
troversy were prepared to follow their example. Fearing lest 
the New York delegates should be remiss in their duties, the 
subjects of New York resident in Cumberland county met on 
the 30th of August and appointed Luke Knowlton their agent 
to attend at Philadelphia, at their own expense. By order of 
the county committee of which John Sergeants was then chair- 
man, he was furnished with a recommendatory letter to Governor 
Clinton, in which he was described as a gentleman of " penetra- 
tion and probity," who had resided in the county since the 
beginning of the disturbances, and was therefore prepared either 
to refresh the memories of the delegates, or to acquaint them 
with such circumstances, as had not yet come to their know- 
ledge. On the 12th of September, he was provided by Clinton 
with an introductory letter to the New York delegation, and 
thus equipped he arrived in Philadelphia. Hopes were now 
entertained that the long drawn controversy would be decided. 
The interview between the parties interested and Congress, was 
opened on the 19th of September, by the presentation of docu- 
ments detailing the different views which were entertained on 
the subject under consideration, and the circumstances upon 
which they were founded. In this manner the reference was 
conducted for two or three days, when, the agents from Vermont 

• George Clinton Papers, in N. Y. State Lib., vol sd. docs. 3214, 3250. 



3S2 HISTORY OF EASTERN VERMONT. [1780. 

becoming satisfied that partial modes were pursued, and ex-parte 
evidence presented and received, wdtlidrew from the assembly, 
and, on the 22d, sent in to Congress a remonstrance against 
their proceedings. On the 26th, Knowlton notified to Congress 
that tlie expensiveness of living and the sickliness of the place, 
would render it " very disagreeable" for him to remain longer 
in Philadelj^hia, and returned home. These events, combined 
with the doubts which had been excited in the minds of many 
of the members of Congi*ess as to the validity or invalidity of 
the difiering claims, rendered a postponement of the hearing 
extremely desirable. This end was accomplished by a resolve to 
that efifect, and thus was a decision avoided, which could not 
have been announced in any form without exciting ill feelings, 
whose results would have been visible in compromising the 
strength of that union which bound the states together, and 
which gave them a power that would have been weakness itself 
had they been divided.* 

Considering the exposed situation of the northern frontier of 
Vermont, it had long been a matter of surprise and congratula- 
tion that the British and Indians had not more frequently im- 
proved the many opportunities which were open to them of 
attacking the settlers and pillaging their fields and dwellings. 
This apparent forbearance, so far from arising from any praise- 
worthy motive, was caused by the many difficulties which the 
enemy knew it would be necessary for them to encounter in 
reaching the settlements. But the intervention of steep moun- 
tains and pathless forests did not afford complete exemption from 
attack. On the 9th of August, a party of twenty-one Indians 
visited the town of Barnard, and made prisoners of Tliomas M. 
"Wright, John Kewton, and Prince Haskell. These men were 
subsequently carried to Canada, whence the two former escaped 
in the spring following. Tlie latter was exchanged after being 
for more than a year in captivity. While prisoners they sufi'er- 
ed many hardships, which differed only in kind from those they 
endured during their return journey. David Stone of Bethel 
was also captured at the same time, by the same party. "When 
the settlement of Betliel was begun in the fall of the year 1779, 
a small stockade fort had been built by the inhabitants of the 
town for their protection. It stood at the lower end of the 
west village, on the north side of White river, and its garrison, 

* George Clinton Papers, in N. Y. State Lib., vol. x. doc. 3181 : xi. 3215. 
Journals Am. Cong., iii. 518-521, 526, 534. 



1Y80.] INCUKSIONS OF THE BRITISH. 383 

wliich had been removed from Eoyalton, was commanded by 
Captain Safibrd. On the occasion of this incursion, it rendered 
no eifectnal service in behalf of the inhabitants. Immediately 
after the attack, the inhabitants of Barnard called a town-meet- 
ing, and resolved to build a fort. Benjamin Cox was chosen 
captain and a message was sent to the Governor for a commis- 
sion. As soon as the fact of the inroad was known, several com- 
panies of soldiers from different parts of the state set out for 
Barnard, but before they arrived there, the enemy had departed, 
and the work of defence was almost completed. The fort 
was known as Fort Defiance, and at times was occupied by a 
garrison.* 

But the sorest trial was yet to come. In July, 17T6, an Ame- 
rican officer, a certain Lieut. Whitcomb, while out with a scout- 
ing party on the river Sorel, had mortally wounded Gen. Gor- 
don, a British officer, as he was riding between Chambly and 
St. Johns, and had taken from him his sword and watch. The 
British had long desired to avenge this act, which they regard- 
ed as base and villanous, resulting wholly from a desire of 
plunder, and totally unworthy of an officer. To capture Whit- 
comb was, with them, a controlling motive. Expecting, it is 
supposed, that they should find him at ITewbury on Connecticut 
river, an expedition was planned against that town. Of the 
two hundred and ten menf who were engaged in it, all were 
Indians, with the exception of seven white men who were re- 
fugees and tories. In the beginning of October, the party, under 
the command of Horton, a British lieutenant, and one Le Mott, 
his assistant, started on their mission of plunder and revenge. 
Their guide, whose name was Hamilton, had been made prisoner 
by the Americans at the surrendry of Burgoyne, in 17Y7. He 
had been at Newbury and Royalton during the preceding sum- 
mer, on parole of honor ; and having left the latter place with 
several others, under pretence of going to surve}'' lands in the 
northern part of Yermont, had gone directly to the enemy, 
to whom, no doubt, he communicated such information as 
served to assist them in executing their barbarous intentions. 
"While proceeding up Onion or Winooski river, they fell in, near 
the spot where Montpeher now stands, with two white men en- 
gaged in hunting, who informed them that the people of New- 

* Vermont Gazetteer, ed. 1824, pp. 53, 64. MS. Letter. 
+ "WiUiams says 210; Thompson, "about 800." 



384 HISTOET OF EASTERN VEEMONT. [1780, 

buiy had been expecting an assault from tlieir enemies in Ca- 
nada, and were well prepared for defence. The information, 
whether true or false, had the effect to divert them from the 
primary object of the expedition, and to turn their attention 
towards Royalton. 

This town had formerly been defended by a small garrison, 
but unfortunately the soldiers had a little while before been re- 
moved seven or eight miles westward to Capt. Safford's fort in 
the town of Bethel, and the inhabitants were now entirely des- 
titute of the means of defence. On reaching the mouth of Ste- 
vens's branch, the enemy passed through the town of Barre to 
Jail branch, which empties into Stevens's branch ; and, after pro- 
ceeding up this stream for some distance, crossed the mountains 
in Washington and Orange counties, and sti-iking the first 
branch of "White river, followed it down through Chelsea, and 
encamped at Tunbridge, where they remained during Sunday, 
the 15th of October, engaged, no doubt, in maturing their plan 
of attack. Leaving a strong guard at this j)lace, they advanced 
the next morning before daybreak towards the more settled 
parts of Tunbridge, and commenced depredations at the house 
of John Hutchinson, which was situated in Tunbridge, but ad- 
joined the line of Royalton. Having made Mr. Hutchinson 
and his brother Abijah prisoners, they plundered the house, 
crossed the first branch of White river, and proceeded to the 
dwelling of Robert Havens in Royalton, which was not far dis- 
tant. Mr. Havens, who had gone into his pasture, becoming 
aware of danger from the barking of the dogs, and beholding at 
the same time, a party of Indians entering his house, lay down 
under a log and escaped their notice. His son, Daniel Havens, 
and another young man, Thomas Pember, who were in the house 
when the enemy approached, endeavored to escape by fiight. 
Havens succeeded in throwing himself over an adjacent hedge, 
and, being protected by the bushes, crept down the bank of 
the stream and concealed himself beneath a log, over which the 
Indians passed a few minutes afterwards, as they pursued with 
impetuous haste their escaped prey. Coming up with Pember, 
one of them aimed at him a spear, which, striking him, inflicted 
a severe wound. He still continued running, but, becoming 
faint with the loss of blood, was soon overtaken, killed, and 
scalped. 

Having selected Mr. Havens's house as a deposit for their bag- 
gage and a post of observation, a portion of the party were left 



17S0.] ATTACK OIJ EOTALTON. 385' 

there as guards, while the main body again set forth to complete 
the work of destruction. On their way they overtook EHas But- 
ton, a young man, who endeavored to avoid them. But th-e 
Indians — fleet of foot, and savage by the scent of blood — rendered 
his attempts useless, and his body was left by the roadside, welter- 
ing in its gore. Advancing silently and with great caution, they 
next entered the dwelling of Joseph Kneeland, which was about 
a half mile distant from Havens's. Here they made prisoners 
of Kneeland and his aged father, also of Simeon Belknap, Giles 
Gibbs, and Jonathan Brown. Carrying devastation in their 
train, they finally reached the mouth of White river branch, 
where they made a stand, and dispatched small parties in differ- 
ent directions to plunder the dwellings and bring in prisoners. 
They had ah*eady stolen a number of horses, and, thinking to 
facilitate operations, they now mounted them, and endeavored to 
control them by yells and shouts. The horses, unused to such 
riders, were rendered more and more unmanageable by the 
frenzied cries of the Indians, and served essentially to impede 
the execution of their plans. Tlie alarm had now become 
general, and the frightened inhabitants, flying in every direction, 
sought such places as might afibrd a refuge from the barbarity 
of their pursuers. As a detachment of the enemy were passing 
down the west bank of White river, they were perceived by one 
of the inhabitants, who immediately gave notice of their ap- 
proach to Gen. Elias Stevens, who was working in a field about 
two miles distant from his house.. Unyoking his oxen, he turned 
them out, and mounting his horse started up the river. He had 
gone about a mile in the direction of his dwelling, when he was 
met by Capt. John Parkhurst, who informed him that the 
Indians were in full pursuit down the river, and counselled him 
to turn back. Fearing for the safety of his wife and children, 
yet aware of the imminent danger which threatened himself, 
Stevens changed his course, and retraced his steps, in company 
with Parkhurst. On reaching the hoiise of Deacon Daniel Rix, 
Stevens took Mrs. Eix and two or three children with him on 
his horse ; Parkhurst performed the same kind office for Mrs. 
Benton and a number of children, and, with all the care and 
attention of which the occasion allowed, the party rode off to 
the field where Stevens, had first received the alarm, being fol- 
lowed by Deacon Rix and several other persons on foot. 

On reaching this spot, the women and children were left in 
charge of a Mr. Burroughs, while Stevens, full of concern for 

25 



386 HISTORY OF EASTERN VERMONT. [1Y80. 

his family, again set out for his home. He had gone about half 
a mile when he discerned the Indians approaching. As they 
were but a few rods distant, he instantly turned about, and com- 
ing up with the company he had left, entreated them to take 
to the woods immediately. Following his advice they were 
soon concealed in the neighboring thicket, where they remained 
undiscovered by the foe. Passing down the road a half mile 
further, Stevens came in sight of the house of his father-in-law, 
Tilly Parkhurst. Here he found his sister engaged in milking, 
and entirely unconscious of the approach of the foe. Telling 
her to " leave her cow immediately or the Indians would have 
her," he left her to secure her own retreat. By the time he had 
gained the house, the Indians were not more than eighty or an 
hundred rods in the rear. Fear had so taken possession of the 
half-crazed inhabitants that it was impossible to persuade or 
compel them to take refuge in the woods. Choosing the road, 
they kept it as well as their terrible fright and exhaustion would 
allow until they reached the house of Capt. E. Parkhurst in 
Sharon. Here they halted for a few moments, but their pursu- 
ers appearing in sight, they were compelled again to push for- 
ward in order to escape impending destruction. The few horses 
which the terrified inhabitants had succeeded in securing, could 
not carry but a small portion of those who had now assembled, 
and there was but little time for consultation or suggestion. 
Placing his mother and sister upon his own horse, and Mrs. Rix 
and her three children on another, Stevens bade them ride on 
with aU possible speed, while he should follow with several 
others on foot. Mrs. E. Parkhurst and her children who were left 
at the house, expected nothing but instant death from the hands 
of the eneni}'. On their approach, however, having taken her 
eldest son prisoner, they ordered her and her five children to 
leave the house. Obeying these commands, she fled to the 
woods and there remained in safety until the foe had left the 
place. 

Soon after Stevens had started with those who were on foot, 
his dog coming in his way caused him to stumble, and so im- 
peded his progress that he was obliged to take to the woods to 
save his life. The Indians pursuing with frightful yells, the 
unprotected pedestrians who had been so unfortunately de- 
prived of their protector, soon overtook them. But the enemy 
were too intent on plunder to be impeded by a great number 
of captive women and children, and of this company Gardner 



ITSO.] SETTLERS MADE PRISONERS BY THE INDIANS. 3S7 

Rix, a boy about fourteen years old, was alone made prisoner. 
Approaching the house of Mr. Benedict, and having noticed 
him on the opposite side of a small stream which flowed near by, 
the Indians beckoned to him to come over to them. Instead of 
seconding their wishes, he quietly stole away and secreting 
himself under a log, remained in safety till the danger had 
passed. While in this situation, the enemy in pursuit of him 
were at one time standing on the very log which gave him 
concealment, and he learned by their conversation that they 
were resolved to tomahawk him slioukl they find him. After 
going down the river about forty rods further, and capturing a 
young man named Avery, they concluded to return. Coming 
to the house of Tilly Parkhurst, situated about six miles from 
the place where they entered Royalton, they fired at his son, 
Phineas, who had just returned from the east side of the river, 
whither he had been to spread the alarm. The ball entered 
his back, and passing through his body lodged in the skin in 
front. Notwithstanding the wound, being able to ride, he pur- 
sued his course towards Lebanon, New Hampshire, distant 
sixteen miles, and reached that place in safety, having during 
the whole journey been obliged to support the ball between his 
fingers to prevent irritation. 

The Indians who went down on the east side of the river, 
having gone as far as the house of Captain Gilbert, in Sha- 
ron, made captive his nephew, Nathaniel Gilbert, and set 
out on their return. As they retraced their steps, they fired 
every building within sight, devastated fields, destroyed cattle, 
wasted the garnered crops, and spread desolation and destruc- 
tion with unsparing hand. 

Daniel Havens — whose escape has been already mentioned — 
as soon as the savages had gone, ventured from his hiding- 
place, and coming to the house of General Stevens, gave notice 
that the Indians were " as thick as the devil," and left the 
family to their fate. A boy named Daniel "Waller, who lived 
at the house, hearing that the Indians were coming, started 
immediately to bear the information to the General, but had 
proceeded a short distance only when he was met and captured 
by the foe. Mrs. Stevens, who had received the first intimation 
of their approach from the terrified Havens, had but just arisen 
from bed with her infant in her arms, when the third party 
who had gone up the river entered tlie house. Having 
searched the dwelling for men, but without success, they car- 



888 HISTORY OF EASTERN VERMONT. [1780. 

ried the beds out of doors, and, cutting them open, threw the 
feathers in the air and amused themselves by watching their 
eddying convolutions. After plundering the house, they bade 
Mrs. Stevens " be gone or they would burn." Glad of an op- 
portunity to escape, she hastened with her child to the adjacent 
woods, where she remained until the enemy had left the town. 
After firing the dwelling and barn they passed up the river as 
far as Mr. Durkee's, where they took two of his sons, Adam and 
Andrew, prisoners. Attracted by a smoke, they directed their 
course towards it, and finding a young man, named Prince 
Haskell, busily engaged in clearing land for a settlement, added 
him to the number of their captives. 

At th« house of Elias Curtis they took him and Peter Mason 
prisonei's, and commenced the work of plunder. While thus 
engaged, John Kent rode up to the door, intending to get his 
horse shod, but had scarcely dismounted when he was seized by 
the hair of his head and pulled violently over, backwards. A 
man named Chaftee who was approaching, seeing that Kent 
had been taken, jumped from his horse, and by pursuing a 
course which enabled him to use a blacksmith's shop to cover 
his retreat, efiected his escape. He immediately set out for the 
house of Mr. Hendee, where he lived, and on reaching it gave 
notice of the on-coming danger. Hendee, having directed his 
wife to take her Httle boy about seven years old, and her 
daughter still younger, and hasten to the house of a neighbor, 
started to go to Bethel for the purpose of giving the alarm at 
the fort. Mrs. Hendee had not proceeded far when she was 
met by a party of Indians who deprived her of her son. 
Anxious for his fate she asked what they intended to do with 
him. They told her they should " make a soldier of him," and 
then hurried him away, while the weeping mother listened to 
his cries for help, as he vainly endeavored to free himself from 
;the grasp of his savage masters. Having returned to the house 
of Mr. Havens with their prisoners and plunder, they divided 
the latter between the different members of the party, and, 
having set fire to the house and barn, started for Canada, 
between two and three o'clock in the afternoon. Crossing the 
hills in Tunbridge, lying west of the first branch of White river, 
they proceeded to Randolph, in which town they encamped on 
the banks of the second branch of White river, having gone the 
distance of ten miles. 

As the attack had been so sudden and unexpected, the 



1780.] MEASUKES DEFENSIVE AND OFFENSIVE. 380 

iiiliabitants had not only been unable to combine for resistance, 
but had in many cases, through terrible fear, failed to exert the 
ordinary means of self-preservation. So many hours had now 
passed since the first appearance of the Indians, that the alarm 
had s}>read far and near, and had caused the most intense agi- 
tation. As the news was borne through the villages that border 
the banks of the Connecticut, the bold father and the impetu- 
ous son, the hired laborer and the flourishing farmer, all who 
could be si:)ared with safety, left their firesides and homes with- 
out further warning, and marched directly to the scene of 
plunder and devastation. By evening several hundreds of 
resolute men had collected at the place where the attack was 
first commenced, ready to adopt such measures as the emergency 
demanded. 

Here a company was organized, and Col. John House, of 
Hanover, New Hampshire, who had served several campaigns 
in the continental army, was chosen commander. In the dark- 
ness of midnight, through a waste wilderness, " guided by a few 
marked trees amidst the logs, rocks, and hills, with which the 
country abounded," this undisciplined corps began their march 
in quest of the savage army. Continuing their pursuit with 
ardor, they reached the spot where the last houses had been 
destroyed, and, becoming aware that they were api:>roaching the 
enemy, proceeded with more caution. The Indians had placed 
their sentries nearly half a mile in the rear of their encamp- 
ment, at a spot situated a few rods from the river. Near this 
spot was a small hill, and by the side of the adjacent path stood 
a number of large trees behind which were posted the Indian 
guards. A large log was the only bridge provided for crossing 
the river, and this served for foot-passengers only. Some of 
House's men were mounted, others were on foot, and their pre- 
carious situation at the river rendered it necessary for them to 
observe the utmost circumspection. Tlie front guard passed 
the log and the Indian sentries in safety. About one third of 
the main body had crossed the stream, and the van had arrived 
within a few yards of the enemy's guards, when they were fired 
on from behind the trees and one man was wounded.* 

* The person wounded on this occaBion was Charles Tilden. He was a resi- 
dent of Dresden, a certain district in New Hampshire, belonging to Dartmouth \ 
College, which was then known by this name. Among the MSS. in the oflSce of 
the Secretary of the state of Vermont is a petition for a pension, signed by 
Charles Tilden, dated January 30th, 1782, in which it is stated, "that on the 



390 HISTORY OF EASTERN VERMONT. [1T80. 

The fire was retui-ned bj the Americans. One of the Indians 
was killed and two were wounded. The sentries then left their 
ambush and ran off to the Indian camp, while House's men 
advanced a little further and then formed themselves within 
three hundi-ed yards of the enemy's rendezvous and awaited the 
approach of day. " Great consternation," observes WiUiams, 
" now prevailed among the savages. Much fatigued, and in a 
profound slumber after one of their ravenous suppers, the alarm 
filled them with fear and confusion." But they were not de- 
ficient in stratagem, nor destitute of policy. Taking one of their 
prisoners named Kneeland, an aged man, they sent him to the 
Americans, with the information that the Indians would 
instantly put all the captives to death, should an attack be 
made. To Giles Gibbs and Joseph Kneeland the rage of the 
savages had already proved fatal. The former, exj)ecting that 
his friends would relieve him and his companions, had refused 
to march. He was afterwards found with a tomahawk buried 
deep in his head. The latter was killed and scalped to avenge 
the death of the Indian who had been shot by the Americans. 
As soon as the old man, Kneeland, had been sent to the camp 
of the pursuers, the Indians renewed their flight with the 
utmost expedition, leaving at their encampment, a large 
quantity of the plunder, and nearly all the horses they had 
taken. Having placed their best warriors in the rear to cover 
their retreat, they crossed White river, early on the morning 
of the 17th, proceeded up the west bank, and having made 
prisoner of Zadock Steele, who resided in the north part of 
Randolph, passed through the west part of Brookfield, and on 
reaching Berlin encamj)ed on Dog river, not many miles 
from the place where the capital of the state is now located. 
To secure the captives more effectually at night, a rope was 
passed around their bodies as they lay upon the ground, and 
between each of them and upon the rope was placed an Indian. 
By this device no two of the prisoners were allowed to lie toge- 
ther, and attempt at escape was rendered useless. 

alarm when Royalton was destroyed in October, 1780, he served as a sergeant in 
the company of militia under the command of Capt. Sam. McClure, in pursuit of 
the enemy, and being detached with a reconnoitering party fell in with, and was 
fired on by the enemy's guard, by which he was wounded, by receiving a 
poisoned ball through his arm, by which he was rendered unable to do any kind 
of business for two months ; that he was the only person wounded in the party 
who pursued the enemy on this occasion," &c. 



1780.] KETEEAT OF THE MAEAUDEES. 391 

Continuing their course down Dog river, the party struck 
Onion river, along which they passed until they reached Lake 
Champlain on the 20th. Here the Indians found the batteaux 
in which they had come on their march to Royalton. Em- 
barking in these, they with their captives commenced their 
journey down the Lake, and after stopping at Grand Isle and 
the Isle aux Noix, reached St. John's on the 22d, having been 
nearly seven days on the route. On the following day the 
captives were taken to Caughnawaga, where many of them 
were temporarily adopted by the Indian families resident at 
that place. After remaining in this condition for a few weeks, 
they" were taken to Montreal in the latter part of November, 
and were there sold to the British as prisoners of war " for a 
half Joe" each. Of the twenty-five who were carried away, 
one, Adam Durkee, died while in captivity. Twenty-three 
were exchanged or redeemed, and returned to their friends 
dm'ing the ensuing summer. The remaining prisoner, Zadock 
Steele, after enduring a long confinement and being subjected 
to many hardships, finally effected his escape, and reached the 
home of his parents in Ellington, Connecticut, on the ITth 
of October, 1782, just two years from the day on which he was 
taken by the Indians at Randolph. 

After receiving the message from the Indians in which they 
declared that they would destroy their captives should an 
attack be attempted ; House and his men determined to abide 
where they were until morning. It was then discovered that 
the enemy had left their encampment. I^otwithstanding this 
discovery, the company marched about five miles further to 
Brookfield. Finding all things quiet at this place, and judging 
that pursuit would be useless, they retraced their steps and 
returned to their homes. In commenting upon the conduct of 
House and his men, TVilliams observes, they " lost the opportu- 
nity of attacking the enemy to advantage, by their caution and 
delay." In his account of the " Burning of Royalton," Steele 
remarks of House, " had he possessed courage and skill ade- 
quate to the duties of his station, he might have defeated the 
enemy, it is thought, without the least difficulty, and made 
them all prisoners." To one acquainted with the facts as they 
have been transmitted by those who have written on the 
subject, these conclusions appear to be far from just. Con- 
versant with the Indian character ; aware, that to a savage the 
name of foe is a warrant for any deed of cruelty ; satisfied that 



392 HISTORY OF EASTEEN VEEMONT. [ITSO. 

in the present instance, nothing would be spared by tlie enemy 
to prevent a defeat in case an attack should be made ; and 
unwilling that the captives should be sacrificed through any 
vain desire of his own for a victory, which to say the least, he 
was not sure of gaining, House refused to lead his men in a 
contest, whose result would have been the certain murder of 
twenty-five persons, and, without doubt, the slaughter of many 
of his own men. We are told that 

" The better part of valor is— discretion." 

Judged by this maxim. Col. House at once assumes the 
character of the prudent soldier. Yiewed in the light of a 
noble humanity, his conduct appears in the highest degree 
praiseworthy and magnanimous. 

Upon a review of the losses of the day, it was found that the 
Indians had burned one house in Tunbridge, two houses in 
Sharon, twenty-one in Royalton, several in Randolph, and six- 
teen new barns variously located, which were filled with hay 
and grain ; that they had slaughtered about one himdi'ed and 
fifty head of neat cattle, and all the sheep and swine they could 
find ; and had destroyed all the household furniture which they 
could not take with them. As on other occasions, so now, 
their attachment to devastation and plunder was unabated. 
Tlie packs with which they laded their captives on their retreat 
from Eoyalton, were filled with plunder of every kind. Axes, 
hoes, pots, kettles, shovels, tongs, sickles, scythes, and chains 
were mingled in almost inextricable confusion ; and the backs 
of many of the party supported old side-saddles, bed-ticks, 
warming-pans, plates, looking-glasses, frying-pans, spiders, and 
many farming implements — as well as household utensils. In 
their conduct, the Indians in this inroad displayed less of the 
savage character than is usual on such occasions. As a general 
rule they were eager to take as captives the young men and 
those who were in middle life ; but they did not seem desirous 
either to carry off the women or female children, or to commit 
violence, except in extraordinary cases. After they had 
burned the house of John Hutchinson, they evinced a kind of 
savage satire, by giving his wife a hatchet and a flint, together 
with a quarter of mutton, and bidding her " go and cook for 
her men." On reaching the dwelling of Elias Curtis, they 
broke into his wife's apartment, and having discovered Mrs. 



1780.] ad\t:ntures of captives. 393 

Curtis wlio had just arisen, for it was yet early morning, one 
of the Lidians seized her by the throat, and brandishing a large 
knife was apparently intending to destroy her, when his atten- 
tion was arrested by a string of gold beads which she wore 
about her neck. More avaricious than cruel, his knife de- 
scended only to part the string on which they were collected, 
and Mi's. Curtis, although no Eomanist, was actually saved by 
her beads. 

During the destruction of Eoj^alton, two w^omen who had been 
aroused from sleep by the appearance of a number of the Lidians, 
who entered their dwelling in the grey of morning, were so 
much terrified at the sight, that losing for a time their self-com- 
mand, they went out of doors, clad only in their night garments, 
and stood motionless by the side of their dwellings until the In- 
dians brought them their clothing. Aroused from their stupor 
of fear by this act of kindness, they put on their apparel, and, 
taking two or three small children and a young woman wath 
them, fled to the woods. One woman residing in the western 
part of the same town, was sufiiciently courageous to reproach 
the savages for their conduct in distressing females and children, 
and in a taunting manner, told them, that " if they had the 
spirits and souls of men," they would cross White river, and 
attack the fort at Bethel. They bore her remarks with patience, 
their only reply being, " Squaw should not say too much." 
After plundering one of the houses, the Indians had carried the 
pillage and piled it in a heap before the door. As they stood 
around it, selecting such articles as they liked best, a woman 
chanced to espy her gown amid the mass, and forthwith took 
it. Upon this an Indian, who claimed her as his captive, club- 
bed his gun and knocked her down. Recovering from the 
effects of the blow, she waited till her master had carried the 
gown to another heap, and had become engaged in adding to 
the plunder already collected. She then approached the pile 
which was surrounded by the savage crowd, and seizing her 
gown the second time, succeeded in bearing it away, holding 
at the same time, one child in her arms, and leading another 
by the hand. 

Eut the exploits of Mrs. Hendee mark her as the heroine of 
the occasion. After the attack had been made upon her hus- 
band's house, she, by his advice, started for a neighboring 
dwelling with her little boy and girl. While on the road she 
was met by a party of Indians who took her son, but left her 



394 HISTORY OF EASTERN VERMONT. [17S0. 

daughter with her. Possessing " uncommon resohition, and 
great presence of mind," she determined to rescue her son from 
the hands of his captors. Taking her little girl by the hand, 
she proceeded down the river on foot, until she discovered a 
large body of Indians stationed on the opposite shore. Wishing 
to find the officer in command, she set out to cross the river, 
and was preparing to ford the stream, when she was met by an 
Indian who by signs asked her whither she was going. Having 
made known to him her intentions, he in a fit of good humor 
or gallantry, or perhaps both, offered to take her over on his 
back. She refused his proposal, but allowed him to carry her 
child. The little girl protested against this proceeding, declar- 
ing that " she didn't want to ride the old Indian," but becoming 
reconciled to her steed, the three entered the water. They 
had gone nearly half across the stream, when the current be- 
coming more rapid, the polite Indian in order to reassure Mrs. 
Hendee, patted her on the shoulder, and signified to her his 
readiness to assist her to the other side when he had taken her 
child over, provided she would wait upon a rock near by, 
whose sui'face was above the water. This time she did not 
reject his offer. Clambering up on the rock, she there remain- 
ed until he returned. True to his word he then took her pick- 
back, and carrying her to the other side, landed her as he had 
her daughter, in safety. 

Hastening to Horton, she implored him to restore her child. 
She was informed that he would not be hurt, but with others 
would be trained as a soldier. El satisfied with this reply, she 
continued her pious importunity, until the British lieutenant 
assured her that he would release him. On the arrival of the 
company in w^hose charge the boy had been placed, Horton pre- 
vailed on the Indians to give him up to his mother. Having been 
successful in this undertaking, she endeavored to procure the 
release of some of her neighbors' children. At this juncture, 
she was compelled by the cruel threats and actions of one of 
the savage party, again to relinquish her son. A second time 
did she appeal to Horton for aid, and again succeeded in libe- 
rating her offspring. She now set out on her return, having in 
her charge her own little girl, and eight boys, whose freedom 
she had obtained. On reaching the stream, Mrs. Hendee car- 
ried two of the children across it on her back, one at a time, as 
she a little while before had been borne by the Indian. Tlie 
rest forded the river together, their arms being placed around 



1Y80.] PRECAUTIONS. 395 

each other's necks, that they might the better withstand the 
force of the current. She was welcomed with great joy on her 
return, and for many years after lived to receive the oft-repeated 
thanks of those whose children she had been the instrument of 
releasing from a captivity whose terrors were akin to the terrors 
of death. 

During the succeeding winter, the sufferers by this sad cala- 
mity, found, a shelter in the homes of their more fortunate 
neighbors and friends, and experienced a sympathy which was 
peculiarly grateful to them, when compared with the treatment 
they had received from the savage foe.* 

Warned by the destruction of Royalton, the inhabitants of 
Cumberland county assembled in their respective towns to 
take measures for the promotion of the common safety, and the 
more effectual protection of the settlements. The result of 
these meetings was an understanding that every able-bodied 
man should hold himself in readiness at a minute's warning, 
both for particular and general defence. In the midst of these 
proceedings the community were alarmed by reports of the 
presence of hostile bands of Indians within the state. An 
excellent opportunity was now afforded for the exercise of that 
activity which had been declared essential to the safety of life 
aud property. Not confined to the locality at which it began, 
the alarm pervaded the southern part of the county, and was 
the most extensive panic experienced in Vermont during the war. 

The last day of October was glorious in autumnal beauties, 
and the bright sun, as he pursued his way through the cloudless 
heavens, glanced at the dying leaves of the ended summer, 
and tinged theii* changing forms with the hues of the rainbow.f 
Favored by the weather, a party of gentlemen were engaged in 



* In a little work entitled " The Indian Captive ; or a Narrative of the Cap- 
tivity and Sufferings of Zadock Steele," printed at Montpelier, in 1818, the hard- 
ships of one of the prisoners taken at the burning of Royalton, during a con- 
finement of two years, are described by himself in a quaint and entertaining 
manner. From " An Account of the Burning ^f Royalton" prefixed to this 
"Narrative," many of the facts stated in the text, have been taken. Frequent 
reference has also been had to Williams's Hist. Vt., Ed. 2d, ii. 235-242. 

•j- Thompson says, in one account, that this alarm occurred " a few days after 
the burning of Royalton;" in another, "on the 25th of November," and in a 
third, " on the eve of the last day of October," and in a note calls attention to 
a discrepancy in the dates. The date in the text rests on the authority of the 
researches of the Rev. Ephraim H. Newton, embodied in his MS. " History of the 
Town of Marlborough." 



396 UISTOEY OF EASTEKN YEEMONT. [1780. 

surveying the lands whicli border the margin of Grassy Brook, 
in the town of Brookline. While thus occupied, they were seen 
by some sportsmen who were hunting on Putney " West Hill." 
One of the latter, named Reed, who had often boasted of his 
ability to imitate the Indian war-whoop, took this occasion to 
display his peculiar vocal powers, and substantiated his vaunt 
by giving and repeating again and again the shi-iek of the 
savage, with an accuracy terrible as reality. Startled by the 
fearful sound, the surveyors collected their instruments, and 
made a precipitate retreat, announcing the approach of the 
Indians to all whom they met. Two men who were cutting 
wood in a remote part of the town of Athens, heard the shrill 
cries, and, imagining them to be the yeUs of Indians, quitted 
their work, and with true benevolence spread the alarm in all 
directions. The dread of the savage foe and the recollection 
of the fearful scenes which had been so lately witnessed gave 
rise to the most awful apprehensions. The idea of awaiting the 
appearance of the enemy was not for a moment entertained. 
To prepare for defence was deemed useless. Flight presented 
the only means of safety, and this means was instantly adopted 
by all who received the terrible tidings. The cattle were left 
in the stalls, dwellings were deserted, and the last look was 
taken at homes which, it was supposed, were never again to be 
recognised save in the ashes of their ruin. Women with their 
infant children mounted the few horses that were to be had, and 
rode off with desperate speed, leaving those who were more hardy 
to follow on foot. So frightful was the panic, that in some 
instances teams were left harnessed in the fields, ovens which 
were being heated were allowed to grow cool at leisure, and 
victuals which were being cooked were permitted to take their 
chances at the blazing hearthstones.* As the terrified inhabit- 
ants hastened their perilous fiight, dangers seemed to thicken 
around them, and " to their bewildered imaginations every 
noise became the yell of the savage, and every rock and every 
tree of the forest a lurking place for the cruel foe." 

During the pleasant day the " industrious inhabitants " of 
Newfane had been busily engaged in clearing land, and collecting 
in piles the brushwood and old logs, to be burned. As evening 
came on, lowering clouds began to gather, and soon the snow 

* " Jonathan Perham and family decamped in such haste that they left their 
oven heating and their oxen tied to a tree." Thompson's Vt., Part III. p. G. 



1780.] A FALSE ALAHM. 397 

commenced falling. The opportunity was favorable for com- 
pleting the day's work successfully. The huge heaps were fired, 
and the diligent farmers heard with satisfaction the crackling of 
the dry boughs, and watched with pleasure the brilliant masses 
of light which flamed upward amid the thick black smoke. 
The fugitives from the supposed enemy, as they turned for a mo- 
ment in their distressing flight, and gazed at the strange fires, 
which, seen through the falling snow, glared with unnatural and 
baleful splendor, were now convinced that the Indians had pillaged 
the deserted dwellings, and wrapped them in one common con- 
flagration. The report was spread through the neighboring 
towns that " every log house in the pleasant vales and upon the 
heights of Newfane" and Athens had been destroyed, and the 
fearful question followed as to where the next blow would fall. 
In the more distant towns watches were set, dwellings were 
guarded, firelocks were loaded, ammunition was prepared, and 
means of escape were provided in case defence should fail. 
Sleep was a stranger to every eye, and the whole night was spent 
in expectation of the approach of the merciless foe. 

The alarm having reached Dummerston, Captain Myrick sent 
a letter by express to Colonel Sargeants of Brattleborough, with 
the information that the enemy had reached Newfane. The 
energetic Colonel gave immediate notice to Mr. Stockwell, who 
resided in the eastern part of Marlborough, to call out the towli 
militia for the purpose of repulsing the Tories and Indians. On 
the 1st of November, general orders were issued for the soldiers 
to rendezvous, and for the families to avoid the enemy as best 
they could. Companies from Westminster, Brattleborough, and 
Marlborough, were soon en route for the place whence the alarm 
had proceeded. The snow which had fallen during the night 
now lay deep upon the ground, and the trees were so heavily 
laden as to bend in every direction. Having gone three miles 
on the road to Newfane, .the soldiers became satisfied that 
neither Tories nor Indians could so far surmount the obstruc- 
tions which nature was so bountifully providing, as to extend 
their ravages, and forthwith returned home. Meanwhile com- 
panies from Halifax and from Colrain in Massachusetts, had 
assembled at Brattleborough, but, owing to the disbelief which 
began now to prevail in regard to the presence of the enemy, 
they proceeded no further. Others who had set out from points 
nearer to the supposed scene of terror, marched into a deserted 
town, and entered forsaken but unharmed houses, having found 



398 HISTORY OF EASTERN VERMONT. [1780. 

notliing to hinder their advance save the deepening snows of a 
Vermont winter. 

The alarm reached Marlborough in the afternoon of the day 
on which it began. ISTotwithstanding the severity of the storm, 
women and children left their houses, assembled near the centre 
of the town, and commenced their march south, headed by their 
pastor, the Rev. Gershom C. Lyman and his friend Col. Zadock 
Granger. Tlieir progress was slow, and after advancing a few 
miles they were obliged to stop and obtain shelter for the night. 
Tliose from Athens who had fled east had received accessions 
to their number in their journey, and on reaching Putney, their 
party amounted to between two hundred and three hundred. 
Some of the sick and infirm had been brought a short distance, 
but the desire of personal safety had mastered the virtue of 
self-sacrifice, and they had been left at places which afforded 
shelter, and where they might, it was hoped, escape the notice of 
the foe. Having reached Westmoreland on the east bank of the 
Connecticut, the wearied and terror-stricken fugitives halted. 
On their way thither, they had paused for a moment at the 
dwelling of Noah Sabin Sen., in Putney, and had found him 
quietly engaged in his accustomed avocations. To him they re- 
lated their tale of terror, but he discredited the story which they 
told and refused to be frightened by what he deemed improbable. 
E^er since the time when, as judge by the authority of the King, 
Mr. Sabin at the fatal occurrence of the " Westminster Mas- 
sacre," had refused to act any other part than that which became 
a loyal subject of Great Britain, he had been considered an 
avowed adherent to the New York jurisdiction, and had been 
regarded by many as a supporter of the royal cause. His digni- 
fied calmness on an occasion like this, when fear gave wings to 
flight, aroused the suspicions of the fugitives. He was forthwith 
denounced as a friend of the national enemy, and the belief 
prevailed that a secret understanding existed between him and 
the Indians. Many were the curses which were heaped upon 
him as the angiy multitude pressed onward to escape the dreaded 
foe and the man whom they now deemed no better than a Tory. 

When the intelligence of the following day had dissipated 
their terrors, preparations were made for a return, but the snow 
of the night previous had blocked up the roads, which at the 
best were but poor, and had rendered them almost impassable. 
Overcome with toil and exposure, many of the sufferers were 
invited to enter the hospitable mansion of him who a few 



1780.] GENEROSITY OF NOAH SABIN SEN. 399 

hours before had been the object of their bitterest invective and 
abuse. Here they were furnished with food and clothing, and 
in other ways received such assistance as their necessities re- 
quired. The effect of this kind treatment was to remove from 
the minds of all every idea of treachery on the part of Judge 
Sabin, and, though he might still favor the jurisdiction of New 
York upon the " Grants," he was never again accused of up- 
holding the cause of Great Britain. The " brave soldiery " of 
Marlborough, when the alarm was proved groundless, "with 
undaunted courage pursued their wives and children," as the 
reverend chronicler, Mr, Newton, quaintly observes, " and 
bringing them in triumph as the fairest achievements and no- 
blest trophies of victory, took possession of their dwellings, and 
exchanged the pursuits of war for the sweet enjoyments of do- 
mestic peace."* 

* Thompson's Vt. Part II. pp. 10,11: Part III. pp. 6, 111, M& Hist. Marlbo- 
rough. 



CHAPTEE XV. 

ENEMIES WITHIN AND WITHOUT. 

Attempts to unite in one District the territory in New Hampshire and Vermont 
bordering the Connecticut — Convention at Charlestown— Eastern and Western 
Unions — Cumberland and Bennington Counties divided — Boundaries of Wind- 
ham, Windsor and Orange Counties — The County of Washington — Gen. Jacob 
Bailey — Col. Thomas Johnson — Johnson taken at Peacham — Sufferings of 
Jonathan Elkins — ^Treatment of Johnson — Alarm at Newbury — Elections in 
Windham County — Dissatisfaction of the Patriots of Rockingham with the Offi- 
cei-s elected — Their Petition — Remonstrance from Dummerston — Law against 
Defamation — Alarm at Bethel — The "Hazen Road" — The Canada Negotiations 
— Popular Surmises — Opinions delivered in Conversations — Gov. Clinton writes 
for information — Seth Smith indicted for Treason — Citizens of Guilford address 
Gov. Clinton — The " Representation " of the New York Party — Proceedings in 
Congress, and in the New York Legislature — Smith discharged from his Indict- 
ment — Attempts to effect a settlement of Difficulties — Remonstrance from three 
of the southern Towns in Windham County to the New York Legislature — 
Convention of the same Towns — Vermont Militia Law — The Republic of Guil- 
ford — The Constancy of its Citizens to the interests of New York — William 
Shattuck — The Triumph of the Yorkers, 

FAiLmG in their efforts to obtain assistance either at home or 
on the floor of Congress in resisting the demands of Vermont, 
the inhabitants of Cumberland comity who owed allegiance to 
New York were now ready to adopt other measures for ensuring 
their personal and political safety. By a resolution of Congress 
passed on the 27th of September, 1780, the further consideration 
of the question respecting the jurisdiction of the New Hamp- 
shire Grants had been postponed ; and the prospect of a settle- 
ment seemed, after the discussions of many months, to be no 
nearer than at the outset. At this juncture a majority of the 
inhabitants of the towns in the western portion of New Hamp- 
shire, expressed a wish to be received into union with Vermont. 
A proposition for the establishment of a jurisdiction of another 
character, was at the same time promulged by the New York 
adherents residing in Cumberland and Gloucester counties, and 



1780.] CONVENTION AT CHARLESTOWN. 401 

a convention of town committees from the former county was 
called on the olst of October. On this occasion Lnke Knowlton, 
Hilkiah Grout, Oliver Lovell, Ool. John Sargeants, Micah Town- 
send, Maj. Jonathan Hunt, Simon Stevens, Charles Phelps, Ben- 
jamin Henry, James Clay, Maj. Elkanah Day, Thomas Cutler 
and Barzillai Rice, were appointed a committee to take into consi- 
deration the feasibility of a new government, and to meet such 
persons as should be authorized to consult upon the same question 
by a convention or conmiittee of the j)eople of Gloucester county 
on the west, and Grafton county on the east side of Connecticut 
river. The design of Cumberland county in these proceedings, 
was " to devise and cany into execution such measures " as 
should be deemed best calculated " to unite in one political body 
all the inhabitants from Mason's grant on the east to the height 
of land on the west side the said river." The idea thus brought 
forward of establishing the western line of a new district at the 
ridge of the Green Mountains, manifested clearly the unwilling- 
ness of the New York adherents to acknowledge the jurisdiction 
of Vermont, provided they could ensure their own safety in any 
other way.'^ 

Delegations from three counties having by previous agree- 
ment met on the 8tli of November, at Charlestown, New 
Hampshire, measures were taken to learn the sentiments of the 
inhabitants residing in the towns included in the district which 
it was proposed to establish. Until the result of this inquiry 
should be declared, ultimate action was postponed. Desirous 
of engaging in the union, the to-svns in the county of Cheshire, 
New Hampshire, sent delegates to a meeting which was held at 
"Walpole, on the 15tli of November. On this occasion a commit- 
tee of five were appointed to confer with gentlemen from any of 
the towns on the "Grants" on the subject of establishing the 
jurisdiction of that district. The result was a general meeting 
of representatives from the counties of Cumberland, Gloucester, 
Cheshire and Grafton. The project of a union of the towns 
bordering the Connecticut, in Yermont and New Hampshire, 
was freely discussed, and various arguments were alleged in 
support of the right to establish the territory designated, as a 
separate and independent state. Tliat time might be given for 
reflection, and that the people — the source of power — might be 
consulted before any decisive step should be taken, letters were 

* Slade'sVt. State Papers, pp. 122, 123, 124. Journals of Am. Congress, Sept. 
I2th-27th, 1780. Pingry MSS. 

26 



■i02 HISTORY OF EASTERN VERMONT. [17S1. 

sent from tliis meeting of the counties, inviting the attendance 
of representatives from all the towns interested, at a convention 
to be held at Charlestown on the thirdTuesday of January, 1781.* 
On organizing the convention which assembled in pursuance 
(if this call, it was found that there were present, representatives 
from forty-three towns. The primary object of the assembly 
was declared to be, the formation of a union of the whole of the 
•'Grants," consolidated upon such principles as the majority 
should think best. A committee of twelve from the counties of 
Cumberland, Gloucester, Grafton and Cheshire were appointed 
to confer with the General Assembly of Yermont at their next ses- 
sion on the subject of this union, and a declaration of the views 
of the convention in regard to the propriety and legality of the 
proposed measures, was at the same time drawn up and publish- 
ed. The proceedings of the convention were not, however, unani- 
mous, the members from eight New Hampshire towns entering 
their protest against them. During the two following months, 
extraordinary efforts were made to effect the consolidation, and 
on the Gth of April, thirty-five representatives, from as many 
towns in the western part of New Hampshire, took their seats in 
the General Assembly of the state of Yermont. In addition to 
the terms agreed to by the New Hampshire towns and the state 
of Yermont in view of this union, it was settled in regard to 
the towns in Cumberland and Gloucester counties which should 
join in the consolidation, that a general and full act of oblivion 
should be passed by the Legislature of Yermont in behalf of 
those persons who, on the 1st of October, 1780, although residing 
in Yermont were avowed subjects of New York ; that all judg- 
ments against them for fines and forfeitures on account of their 
opposition to the authority of Yermont should be annulled ; that 
no j udgments should be hereafter rendered against them for any 
state offences committed before the time above specified ; and 
that no civil suits should be hereafter maintained against them 
for trespasses perpetrated previous to the time aforesaid. The 
representation from Cumberland and Gloucester counties in the 
Yermont Legislature was not increased in consequence of the 
consolidation. The only immediate effect of the proceeding, in 
Eastern Yermont, was to beget a more kindly feeling towards 
the self-created state, in the minds of those who were almost 
ready to refuse any longer to yield allegiance to New York. 

* Slade's Yt. State Papers, pp. 126, Ul. 



1781.] THE "unions." 403 

Soon after the completion of the Eastern Union, as it was 
called, some of the inhabi rants residing in that part of New 
York situated north of a line drawn west as far as Hudson river, 
in continuation of the northern boundary of Massachusetts, and 
between Hudson river and the western boundary of Vermont, 
who had asked to be admitted within the limits of Yermont, 
received an answer favorable to their petition. On the 16th of 
June representatives from ten towns took their places in the 
Assembly of Yermont, and the Western Union was declared a 
constituent portion of the state. During the few months that 
these Unions were considered as a part of Yermont, they were a 
source of continual trouble and expense. Happy was the hour, 
when on the 23d of February, 1YS2, the unfortunate connections 
were dissolved, and the revolted districts were left free to return 
to their right and naturaj jurisdictions.* 

Another important act of the February session, was the sub- 
division of the counties of Cumberland and Bennington. Since 
March, 17Y8, the former on the east and the latter on the west 
side of the Green Mountains, had comprised within their com- 
bined limits the whole state. On the 16th of February, Cumber- 
land was divided into three counties. To Windham county on 
tlie south were assigned limits which, with the exception of 
a few changes on the western line, are the same as at present. 
A similar qualification being made in respect to the western line 
of Windsor county, the same statement may be made with 
regard to its limits as then constituted, and as now preserved. 
Orange county comprised all the land lying betw^een the north 
line of Windsor county and the forty-fit\h parallel of north lati- 
tude, and extended from Connecticut river on the east to a line 
commencing at a point near Lake Memphramagog, fifty miles 
from the centre of the " deepest channel " of Lake Champlain ; 
and running thence south to the noi-th-east corner of the town of 
Worcester ; thence south on the east lines of the town of Worces- 
ter, Middlesex, and Berlin, to the south-east corner of the latter 
town ; thence on a straight line to the north-west corner of Tun- 
bridge ; thence on the west line of Tunbridge to the south-west cor- 
ner of that town, at which place it struck the north boundary of 
Windsor county. To attempt to describe accurately the alterations 
which were continually made in the county lines which stretched 

* Slade's Vt. State Papers, pp. 128-141, 169. Papers relating to Vt. Contro 
yersy, in office See. State N.Y., p. 36. 



404 HISTOKT OF EA8TEKN VERMONT. [ITSI. 

through the length of the state, now on the western, anon on 
the eastern slope of the Green Mountains, and sometimes on its 
very ridge, would be to undertake a task as diiBcult as it would 
prove practically useless. As has been already remarked, the 
more mountainous portions of the state were for years unsettled, 
and for this reason a description of them would add no value to an 
historical narration. On account of the addition of the Eastern 
Union, Orange and Windsor counties were temporarily enlarged. 
By an act of the General Assembly, passed in April, 1781, all the 
lands within Yermonton the east side of Connecticut river, " lying 
and being opposite the county of Orange," were annexed to 
that county. With the county of Windsor was incorporated 
the new territory on the opposite side of the river, south of that 
which had been added to Orange county, and north of the north 
lines of the towns ot Claremont, Newport, Unity and Wendall. 
The remaining district, situated to the south of these towns, was 
erected into a county by the name of Washington. When in 
the beginning of the next year the Eastern Union was dissolved, 
the counties resumed the limits which had been assigned them 
previous to the consolidation.* 

During the whole of the war of the revolution, Vermont, 
especially the eastern section, was but rarely subjected to 
extended or disastrous incursions of the English or their Cana- 
dian allies. Very often, however, scouting parties would 
enter houses under cover of night, either for the purpose of 
plunder, or of taking some American whose strenuous opposition 
to the King of Great Britain had marked him as a dangerous per- 
son. Among those who had long been noted as zealous patriots. 
Gen. Jacob Bayley and Col. Thomas Johnson of Newbury were 
preeminent. The former not only possessed great influence with 
his own countrymen, but was regarded by the neighboring 
Indians as a father. Serving as quarter-master-general for the 
troops stationed at and about Newbury, he never failed to 
engage m any honorable enterprise which might serve to 
advance the interests of the common cause. A large reward 
was offered by the British for his person. Many were the plans 

* Journals General Assembly, Vt. Slade's Vt. State Papers, p. 42Y. On the 19th 
of February, 1 7 8 1 , by an act of the General Assembly, Windham county was divided 
into half-shires, called respectively Westminster and Marlborough, and the courts 
■were held alternately in the shire-towns of the same name. Windsor county was 
constituted a shire by itself, and the town of Windsor was the shire-town. In 
Orange county, the shire-towns of Thetford and Norwich were situated within the 
half-shires of the same name. 



ITSl.] CAPTTKE OF COL. THOMAS JOHNSON. 405 

arranged for his capture, and equally numerous were the fail- 
ures of the attempts made to take him. Col. Johnson was also a 
man whose influence upon the circle in which he moved, was 
such as to excite the fears of the enemy. By order of Gen. 
Lincoln, he, at the head of a volunteer company, had in Septem- 
ber, 1777, proceeded towards Ticonderoga for the purpose of 
diverting the attention of the enemy, while Colonel Brown was 
engaged in releasing the American prisoners at Lake George. 
ISTot only did he succeed in this undertaking, but in connection 
with others, assisted in recovering many important stations on 
Lake Champlain, in liberating more than one hundred Ameri- 
cans, and in capturing two hundred and ninety-three of the 
enemy. Of these prisoners, a hundred had been placed in his 
charge. Instead of securing them near the Lake, he had 
marched them back into the country M''here they would not 
be liable to be retaken, and where provisions could be more 
readily obtained. By this and other acts Col. Johnson had 
greatly troubled the British, who now eagerly sought for an 
opportunity to make him their prisoner. He succeeded, how- 
ever, in eluding their vigilance until the spring of 1781, when 
he was taken in the following manner. 

Having contracted to erect a grist-mill in the town of Pea- 
cham, situated fifteen miles northwest of Newbury, Col. Johnson 
set out from the latter place on the 5th of March, 1781, taking 
with him two mill-stones. Owing to the lameness of his oxen, 
and a temporary illness with which he was affected, he was 
occupied three days in performing the journey. On reaching 
Peacham he stopped at the house of Deacon Jonathan Elkins. 
Being awakened on the morning of the 8th, between twelve and 
one o'clock, he arose and found the house surrounded by a 
party of the British, consisting of eleven men including Capt. 
Pritchard the commander. His first impulse was to draw on 
his stockings, clear the window, and run. But, before he could 
accomplish this object, the muzzles of two guns were brought 
in unpleasant proximity to his person, and he was claimed by 
two men as their prisoner. Surrendering himself as such, and 
having promised to give his captors no trouble, he was permit- 
ted to accompany them without being bound. Jonathan and 
Moses Elkins, sons of the Deacon, and Jacob Page were also 
made captives, but by the intercession of Johnson, who dis- 
covered among the British two " old acquaintances," Moses, who 
was feeble in body, was permitted to return after he had pro- 



406 HISTOKT OF EASTERN YEKMOXT. [ITSI. 

ceeded about eight miles. Taking in tlieir course Lamoille 
river. Grand Isle, Point au Fer, and L' isle au Xoix, tlie party 
readied St. John's on the 13th, after a journey of six days. 
Page was immediately sent on to Montreal, but of his after life, 
if he was permitted to live, nothing is known, 

Jonathan, then a youth, known afterwards as Col. Elkins, was 
imprisoned at Quebec, and after enduring for eight months the 
most grievous privations, was sent to England with one hundred 
and fifty others. During the voyage the prisoners were distri- 
buted throughout the fleet with which they sailed, and were 
obliged to do duty. On arriving at Plymouth, Elkins and his 
fellow-sufferers were confined in the old Mill prison, and there 
remained from the 9th of February, 1782, until the 24th of 
June following. During this period they were allowed only two- 
thirds the rations of common soldiers, and most of them were 
miserably clad. Having been informed of their condition. Dr. 
Franklin, who was then the American minister at France, sent 
to each prisoner, one shilling sterling per week, which gift was 
of great service in relieving the misery of their condition."^ 
E-eferring to this noble act, and the good results which followed 
it, Col. Elkins wrote : — " There were among us forty captains 
of vessels, and many others who had some learning ; and when 
we got our shilling a week from Dr, Franklin, it was proposed 
that we, who had no learning, should pay four coppers a week 
for schooling, and soon many schools were opened. Among the 
rest, I procured paper, pen and ink, and a slate, and paid my 
four coppers a week for tuition. By this means, many who 
could neither read nor write got so much learning, that they 
were capable of transacting business for themselves, and a num- 
ber of us learned the mariner's art, so as to be capable of navi- 
gating a ship," This confinement having been brought to an 
end by an exchange of the American prisoners for the captured 
troops of Cornwallis, one thousand seven hundred and thirty- 
tliree of the former were put on board a cartel and sent back to 
the United States. Among this number was young Elkins, who 
afterwards returned to his home in Peacham. 

The treatment which Johnson received dm'ing his captivity, 
was far different from that experienced by his unfortunate friend, 
Elkins. He was regarded by the British as a man who might 

* This circumstance is mentioned in the " Memoirs of Andrew Sherburne " in 
connection with an account of the old Mill prison, pp. 78-96. 



1781.] ADVENTUKES OF JOimSON DFKING CAPTIYITT. 407 

be of great service to tliein, provided he could be induced to re- 
nounce liis allegiance to the United States. For the purpose 
of leading him to take this step, he was allowed many privi- 
leges not often granted to prisoners, and was treated with great 
urbanity and kindness. While at St. John's, he was allowed a 
camp parole, and was permitted to live with Capt. Sherwood, a 
gentleman noted for the humanity which he uniformly display- 
ed towards those whom the fortune of war placed in his power. 
!N^otwithstanding the attentions which he received, his quarters 
were often shifted from St. John's to Montreal, from Montreal to 
Chambly, and from Chambly to Tliree Rivers. At each of 
these places, he was interrogated by different officers as to the 
" views and feelings of the inhabitants of the ' Grants,' " and 
as to his own opinions of the prospects of the colonies. Careful 
and guarded in his answers, he spoke with apparent careless- 
ness of the American cause, but never divulged anything which 
would be of advantage to the enemy or detrimental to his friends. 
He afterwards ascertained that his answers were noted by 
those with whom he conversed, and sent to the commander for 
comparison and inspection. 

On one occasion, a young officer, in whose charge he had 
been placed, had been drinking too freely, and had left a letter 
exposed, which Johnson took the liberty to peruse. It was from 
a person high in command, and expressed a hope that the young 
officer was possessed of " too much sense and intelligence to be 
imposed upon by the prisoner." Knowing from this, and other 
circumstances, that his words, as well as actions, were the sub- 
ject of critical examination, Johnson resolved to affect an in- 
difference towards the American cause, trusting that the result 
would prove personally beneficial. In this he was not disap- 
pointed. Having been detained a prisoner for seven months, 
he was finally released on parole, on the 5th of October, having 
/first signed an instrument in which he pledged his " faith and 
word of honor" to Gen. Haldimand that he would " not do or 
say any thing contrary to his Majesty's interest or government;" 
and that, whenever required so to do, he would repair to what- 
ever place should be designated by proper authority, and would 
tliere remain until legally exchanged. After his return to his 
family at Newbury, he would, now and then, receive letters from 
his friends in Canada, but was never ordered to change his resi- 
dence or to surrender his parole. He freely communicated his 
views to Gen. Washington in regard to the negotiations which, 



408 HISTORY OF EASTERN VERMONT. [1781. 

for a time, were carried on between the British in Canada and 
the principal men in Vermont, and although mistaken in his 
conclusions that the state was to become a British province, 
proved himself a true patriot by the jealousy with which he re- 
garded an intercourse which, to all but those concerned in it 

o 

wore the aspect of contemplated, if not of incipient, or nearly 
consummated treason. His unpleasant connection with the 
enemy continued in force by virtue of the agreement he had 
signed, until the 20th of January, 1783, when the treaty of peace 
released him from his parole of honor, at the same time that it 
gave independence to the United States.* 

On the 16th of March, a few days after the capture of John- 
son and his friends, another alarm was experienced at New- 
bury, the cause and character of which are not known. It was 
sufficient, however, to excite the apprehensions of Gen. Bayley, 
who immediately ordered the militia from the adjacent towns 
to march to the place threatened by invasion. The only re- 
cords of the affair which are known to exist are the pay-rolls. 
From these it appears that eighteen men from Westminster, 
belonging to the companies of Capts. Jesse Burk and Michael 
Gilson, but commanded by the former, " marched in the alarm" 
at Newbury, fifteen miles towards that place and returned, hav- 
ing been for three days in service ; that Capt. John Mercy of 
Windsor, led twenty-eight of his townsmen twenty-one miles on 
the same errand and then returned, after an absence of three 
days; and that a company of nineteen men, headed by the 
fiercely-named Samuel Stow Savage, performed a journey simi- 
lar in all respects to the last, and brought his gallant followers 
in safety to their homes, f 

Tlie necessity of establishing the internal government of Yer- 
mout on a firm basis had been deeply felt at the February ses- 
sion of the General Assembly. In order to secure, in part, this 
desired result, the times and places for holding the county 
elections had been selected and ratified by legislative enact- 
ment, and notified to the most important towns. At this time 
there resided in Windham county a number of gentlemen of 
ability, who, previous to the year 1775, had been connected 
either as judges, lawyers, or in some subordinate capacity, with 
the established courts. When the power of the King had been 



* Powers's Coos Country, pp. 193-216. Thompson's Vt., Part m. p. 137. 
f MS. Muster-Rolls, etc. 



1781.] DISSATISFACTION AT KOCKINGHAM. 409 

declared a niiUitj, these gentlemen still retaining tlieir loyal 
feelings, had retired from the struggle which ensued, and during 
the six years that followed had, from their seclusion, observed 
with interest the changes which day by day gave a new aspect 
to the political affairs not only of their immediate neighbor- 
hood, but of the whole United States. The time had now come 
when these men must decide between " the King and the Con- 
gress," as the phrase of the times was. Aware that their men- 
tal attainments would give them a place in the new govern- 
ment, and viewing the condition of royalty as doubtful and 
desperate, they declared their willingness to embrace the cause 
of America, and avowed their allegiance to the state of Yer- 
mont. At the elections which were held on the 27tli of March, 
several of these gentlemen were elected to the highest and most 
important offices of the county. When the result was made 
known, great indignation was felt by those who from the begin- 
ning had resisted the encroachments of Great Britain, and who 
now beheld men who had for years remained neutral raised to 
office, and placed in positions which were justly due to those 
who had suffered in, and sustained the now triumphing cause. 

Among the people of Rockingham this feeling of dissatisfac- 
tion was manifested in terms most significant. Many of the 
inhabitants of that town had been at "Westminster on the night 
of the memorable " massacre," or on the day succeeding that 
event, and had there become penetrated with aversion to any- 
thing which bore the insignium of the Crown, and to any per- 
son who derived authority from it. Although illiterate men, 
yet they could not acknowledge that to be justice which should 
grant favors to him who but yesterday had sworn allegiance to 
America, while it neglected the brave soldier who six years ago 
had taken his place with eagerness and enthusiasm, among the 
handful whom King George denounced as rebels. Influenced 
by these feelings, they drew up a petition on the 9th of April, 
addressed to Governor Chittenden and to the Council of the 
state, remonstrating against the election to office of the " friends 
to Ministerial Tirrany and Usurpation," who until within a few 
days had been the " a Yowed Enemies to all authority save that 
Derived from the Crown of Great Britton," and the " known 
Enemies to this and the United States of America." " If there 
is proof wanted of this," they continued, " we will bring in their 
being active in and accessory to the shedding the first Blood 
that was shed in America to support Brittanic Government, at 



4:10 niSTORT OF EASTERN VERMONT. [ITSI. 

the Horrid and IS'ever to be for Got Massacre Committed at 
Westminster Cortt House on the Night of the 13th of March, 
1775." Tliey further declared that they could perceive no dif- 
ference " between being hailed to Great Britton for Trjal or 
being Trjed by these Tools amongst our Selves," and asked for 
a new election, or for the retention of the commissions of ]*^oah 
Sabin Jr., as judge of probate ; of John Bridgman, Luke 
Knowlton, and Benjamin Burt, as judges of the county court; 
of Oliver Lovell and Elias Olcott as justices of the peace ; and 
of Jonathan Hunt, as high sheriiF, in order that the petitioners 
might have an opportunity " to Enter a proper Impeachment 
and prove that Said persons are Not onely Disquallefied for hold- 
ing any public Station By their own bad Conduct but Cannott 
be freemen of the State of Vermont by the Constitution thereof." 
To this paper were appended about fifty signatures written in 
scrawls, as ragged as the composition of the document was 
unique. 

On the 12th of April, and before the presentation of the 
Rockingham petition, a remonstrance similar in import, signed 
by Leonard Spaulding and a number of the inhabitants of Dum- 
merston and the neighboring towns, was brought before the 
Council for immediate consideration. The request contained in 
this instrument was answered in part, and the commissions of 
jSToah Sabin Jr., as judge of probate, and of Samuel Knight, as 
a justice of the peace, were withheld for the present. The Ilock- 
iugham petition was considered on the 16th of April, but the 
Council refused to accede to the wishes of the petitioners and 
the subject was dismissed. At the fall session of the Legislature 
in the same year, the case of Sabin and Knight was reviewed, 
and their election was confirmed on the 25th of October by 
regularly executed commissions. Although there was still a 
lingering suspicion in the minds of many as to the patriotism of 
several of the county officers, yet their conduct was without 
fault, and their duties were performed agreeable to the wishes 
of the most loyal supporters of the American cause.* 

In enforcing tlie laws of the state, the courts sometimes expe- 
rienced difficulties by reason of the nature of the oflences which 
they were required to notice. By a statute passed in February, 
1779, it had been enacted that whoever should defame " any 
court of justice, or the sentence or proceedings of the same ; or 

* IMS. Remonstrance, Council Records, &c. 



IT SI.] ALARM OF THE NOKTHEEN TOWNS. 411 

any of the magistrates, judges, or justices of any such court, in 
respect of any act or sentence therein passed," should, on con- 
viction, be punished by fine, imprisonment, disfranchisement, or 
banishment at the discretion of the court. Wholly disregarding 
this law and its denunciations, Nathaniel Bennet of Tomlinson, 
now Grafton, " did, on or about " the 1st of August, while at 
Athens, " utter and publish these false and defamatory w^ords " 
in i-elation to Seth Oaks, a justice of the peace: — "He has 
given a damned judgment against me, and he has perjured 
himself; and deserves to be whipped damnably." Complaint 
having been made against him by Stephen R. Bradley, the 
attorney for the state, he was arrested on an order from the 
Superior court, and was brought before that body on the 
6th of September, while in session at "Westminster. Owing 
to an apparent reluctance, as it would seem, to try the pri- 
soner at that time, he was admitted to bail, and the cause 
was put over until the session in January, 1Y82. It was then 
carried forward to the June term, on which occasion it was 
again postponed. The defendant was subsequently ordered 
to appear at the session in February, 1783, but failing to be 
present he forfeited his bail bond. No further proceedings 
were taken in the matter.* 

As has been alread}^ observed, the easy access to the settle- 
ments, afforded by the unprotected condition of the frontiers, 
was the cause of continual alarms to the northern towns. The 
anticipation of an irruption from Canada, or of an attack of 
some nature, induced Capt. John Benjamin, the commandant of 
the fort at Bethel, to seek assistance from the neighboring 
militia, early in August, 1781. 

In obedience to this application, Capt. Bartholomew Durkee, 
on the 10th of that month, and at the head of twenty-five of the 
stout men of Pomfret, marched to his aid, and was joined by 
Capt. Elkanah Sprague with five men from Hartford. The 
readiness of the soldiers to fight seems, however, to have been 
tlie only method by which they were permitted to evince their 
bravery on this occasion. The sole record of the expedition 
which remains, is that which preserves the names of the militia, 
the number of miles they travelled and the days they were ab- 
sent on service. But the fortunate issue of this alarm was coun- 
terbalanced by an event which happened in the following month. 

* MS. Court Records. 



412 HISTORY OF EASTERN VERMONT. [1781. 

During tlie summer, Capt. Nehemiali Lovewell was stationed 
with his company at Peacham. The " Hazen Road" as it was 
called, which had been commenced by Gen. Bayley, in 1T76, 
and completed by Gen. Hazen in 1779, began at Peacham and 
extended through the present towns of Cabot, "VYalden, Hard- 
wick, Greensborough, Craftsbury, Albany, and Lowell. Up this 
road, Lovewell sent a scout of four men, during the month of 
September, for the purpose of ascertaining the locaHty of the 
enemy. While on the route, they were ambushed and fired 
upon by the Indians. Two of the party were killed and scalp- 
ed, the other two were captured ; and on the tenth day after they 
left Peacham, were prisoners in Quebec with Colonel Elkius,who 
had been carried away in the preceding spring. This was the 
last of the depredations by which the inhabitants of the eastern 
settlements were disturbed during the year.* 

Although the frequent incursions of the Lidians and Tories 
had kept the people on both sides of the Green Mountains in a 
state of perpetual alarm, yet the Canada negotiations and the 
delays in Congress in the adjustment of the jurisdictional rights 
of the different claimants to the " Grants," were the cause of 
anticipations more gloomy than the sad realities of the present 
hour. Among the majority of the inhabitants, so little was 
known concerning the relations existing between the govern- 
ment of Yermont and the British, that the most exti-avagant 
surmises were promulged by those who, in other matters, were 
esteemed for their prudence. Stories which, at any other time, 
would have been discredited without hesitation, were repeated 
with additions and exaggeration, and received as the truth. 
Wliatever may have been the opinion of Washington and his 
advisers as to the course pursued by the leading men in Ver- 
mont during this period of doubt and danger, there is now no 
question that the secrecy with which the negotiations with the 
enemy were conducted, notwithstanding the evil reports which 
were caused thereby, was the safest method which could have 
been adopted. Vermont — claimed by New York, regarded with 
hatred and fear by New Hampshire, suspected of treason by 
Congress, and eagerly watched by Canada, — held a situation so 
peculiarly delicate, that one false step might have destroyed 
all the plans of her protectors, and rendered vain her hopes of 
existence as a separate and independent state. In the minds of 

* MS. Muster Rolls. Thompson's Vt, Part HI. p. 13Y. 



1781.] UNPATKIOTIC SENTIMENTS. 413 

many, the distrust evinced towards Congress was far greater 
than the fear of subjection to British dominion. To such an ex- 
tent did this distrust prevail, that not a few among those who 
represented Vermont in her own Legislature, regarded with evi- 
dent satisfaction the idea of becoming allegiant to the Crown. 
From the language held by men who, although violent in their 
expressions, were still the exponents of the views of a large class 
of the community in which they resided, a more definite idea 
may be gained of the ideas which, at this time, prevailed. 

In a conversation which took place at Brattleborough, during 
the month of May, between Col, Samuel "Wells, who had been 
one of the royal judges in Cumberland county, for many years 
an adherent to ISTew York, and afterwards a representative in 
the Assembly of Yermont — in a conversation which took place 
between him and Elijah Prouty, the latter having observed that 
in his opinion, " the state would not stand a state," Wells re- 
plied, that he was mistaken, that Yermont would continue a 
state because it w^as established a state by the King of Great 
Britain, and further declared, that in case the United States 
should levy war against it, it " could be supported by 10,000 or 
15,000 troops out of Canada." Similar to this, was the assertion 
of Capt. Oliver Cooke who, in the month of July, assured a 
friend, that Yermont was a state, and that he could "in less 
than twenty-four hours" show that it had been " established by 
the King of Great Britain." Tlie language of John Bridgman, 
of Yernon, a judge of the quarter sessions, and a member of 
the state Assembly, when conversing in relation to the powers 
of Congress, was violent in the extreme. " Congress has no 
business" to interfere with the present union of Yermont and 
New Hampshire, said he, to that renowned Yorker, Timothy 
Church of Brattleborough, as they chanced to meet on a ISTo- 
vember's day, at Matthew Martin's mill. Church expressed a 
contrary opinion. Thereupon, Bridgman replied : " Damn the 
Congress. Curse the Congress ! Haven't we waited long enough 
on them ? A pox on them. I wish they would come to the mill 
now ; I would put them between these mill-stones or under the 
water-wheel. They have sold us like a cursed old horse. They 
have no business with our affairs. We know no such body of 



men 



I" 



So fearlessly were opinions expressed respecting the condition 
of the state, that Edward Smith declared openly, at the public 
house of Josiah Arms, in Brattleborough, that " as long as the 



414: HISTORY OF EASTEEN YERMO>T". [I'i'Sl; 1T82. 

King and Parliament of Great Britain approved of, and would 
maintain the state of Yermont, he was determined to drive it, 
and so were its leaders." Verbal reports of these, and similar 
declarations, were borne to Governor Clinton, who regarded 
them as proofs of a treasonable conspiracy with the enemy. In 
order to obtain the exact truth, he wrote on the 3d of January, 
1782, to Capt. Timothy Church and his wife, Lieut. Jonathan 
Church, Elijah Prouty, Benjamin Baker, Israel Field, and Jo- 
seph Dater, in whose presence these sentiments had been utter- 
ed. " As I am informed," said he, " that you are acquainted 
with facts that tend to prove that the leaders of the usurped 
government of Yermont are in league wdth the common enemy, 
I have therefore to request, that you will appear before a civil 
magistrate, authorized to take the same, and make affidavit of 
all such matters as shall have come to your knowledge, respect- 
ing the same, in order that they may be transmitted to me. The 
good opinion I have of your patriotism, forbids my using any 
arguments to induce you to a compliance with a measure in 
which the safety and general interest of America is obviously 
and essentially concerned." In conformity with this request, 
those wdio had heard the remarks before narrated, committed 
the facts to writing in the form of affidavits, and sent them to 
Governor Clinton.* 

Although the ISTew York adherents experienced great diffi- 
culty in upholding the government to which they owed alle- 
giance, yet they did not hesitate to express their views on the 
subject whenever an opportunity was offered. On the 5th of 
November, 1781, Seth Smith, Elijah Prouty, Daniel Shepardson, 
and Hezekiah StoweU informed Governor Clinton, by letter, 
of their disapprobation of the "present basis of government" 
as established in Yermont, and of the threatenings with which 
they had been menaced by the people of that state. They fur- 
ther declared, that " vast numbers" still held to the state of Kew 
York and to the authority of Congress, but were constrained to 
suppress their sentiments from regard to personal safety. In 
proof of these statements, they referred the Governor to Lieut. 
Israel Smith, the bearer of the letter. The nature of this cor- 
respondence having become known, Seth Smith, who was re- 
garded by the Yermonters as a dangerous person, and who 

* George Clinton Papers, in N. Y. State Lib., vol. xv, doc. 4265. MS. Deposi- 
tions. 



1781, 1782.] ADDRESS OF THE GUILFOKDITES. 415 

had also been charged with being engaged in some riotons pro- 
ceedings, was indicted in December, 1781, before the court in 
Windham county for " conspiring and attempting an invasion, 
insurrection, and public rebellion" againstthe state of Yermont, 
and for " attempting the alteration and subversion" of its 
" frame of government by endeavoring the betraying the same 
into the hands of a foreign power." 

Aroused, no doubt, by this exercise of power, and aware that 
the agreement they had made to sustain the jurisdiction of Yer- 
mont at the time of the addition of the Eastern Union, had tended 
but little to increase their personal or political safety, the inha- 
bitants of Guilford, on the 8th of January, 1782, drew up an 
address to the Governor and Legislature of New York and to 
the " American Continental Congress." In this paper they ex- 
pressed regret that they had been compelled by circumstances 
to unite with Yermont. In defence of their conduct, they 
argued from " the eternal and irresistible laws of self-preserva- 
tion, which are ever prior to all social laws, or the laws of a par- 
ticular society, state, or commonwealth," that when a body of 
men were oppressed, and the state to which they owed alle- 
giance could not assist them, it was "forever justifiable for that 
oppressed people to procure their own redress and relief by 
terms of composition with their oppressors," as favorable as 
could be obtained. Tliey then referred to the inconveniences 
to which they had been subjected in early years by the " tyran- 
nic administration of the Crown ;" to the persecutions they had 
endured on account of their allegiance to New York ; and to 
the consequences which would ensue, should Congress cut off the 
Eastern and Western Unions and establish Yermont as an inde- 
pendent state. Without these wings, " Yermont," said they, 
" if filled up in its utmost extension," would never be able to 
maintain inhabitants enough to support the " charges, honor, 
power and dignity of an inland state ;" or to build such defences 
at the north as are needed ; or to man, victual, and support 
them, in case they should be erected. Should the dissolution of 
the Unions follow, and should Yermont be recognized by Con- 
gress as the fourteenth state, they declared that the result to them 
would be but little short of a natural death. Accompanying this 
address was a communication, dated the 10th of January, from 
Daniel Shepardson, Hemy Hunt, Capt. Asa Rice, Capt. Daniel 
Wilkins, Newhall Earll, and Lieut. David Goodenough, assert- 
ing that almost all the Yermonters in Guilford, and many in the 



416 HISTORY OF EASTERN VERMONT. [1782. 

adjacent towns, liad lately " turned against Vermont," and were 
desirous of owning tlie jurisdiction of New York and submitting 
to the decisions of Congress. 

To excite, if possible, an additional interest in their situation, 
the Kew York party in the townships of Guilford and Brattle- 
borough, drew up a " Representation " as it was called, of their 
situation, and committed it to Seth Smitli their agent, with 
orders to present it to the Legislature of New York, and to the 
Congress of the United States. In this document, which was 
composed with much care and apparent ti'uthfulness. Smith, as 
rei^resentant, declared that a " very great majority " of the 
inhabitants of Brattleborough and Guilford, and " at least three- 
fourths" of the people living within the "usurped jurisdiction 
of Vermont, on the east side of the Green Mountains and west 
side of Connecticut river," were desirous of returning to the 
" rightful jurisdiction of the state of New York," from which by 
the violent measures of the new state government, and the 
want of necessary protection and assistance from Congress and 
New York, they had " much against their inclinations, been 
obliged to appear to depart ;" that the towns which he repre- 
sented, and a majority of the inhabitants of the New Hamp- 
shire Grants, were, as he believed, firmly determined to oppose 
by arms the " usurped jurisdiction of Vermont ;" and that there 
was full evidence of the disaffection of " the leaders and abet- 
tors in the assumed government of Vermont " towards the Unit- 
ed States, and of a " league of amity " between them and the 
enemy in Canada. In support of the last statement, he alluded 
to the fact that Vermont commissioners had held frequent inter- 
views with commissioners from Canada, both in the latter pro- 
vince and on the " Grants ;" that the leading men in Vermont 
had established a neutrality with Canada, publicly disavowed 
the authority of Congress, and authorized the transmission into 
Canada of prisoners belonging to Gen. Burgoyne's army, without 
receiving any in exchange ; that the " staunch whigs and those 
well affected to the true interests of the United States " were 
exceedingly alarmed at this friendly intercourse which they 
could not prevent unless by force of arms, since, as supporters 
of New York, they were not eligible to office under Vermont ; 
and that the " ill-gotten powers " of the suj^porters of the new 
state " were wantonly and arbitrarily " exercised, to the " incon- 
ceivable oppression of the best friends of the American cause " 
in that portion of the nation. 



1782.] CHAEGES AGAINST THE VERMONTEES. 41T 

Li addition to tliese charges, he stated that the Yermonters 
had committed many acts of violence, under color of la^v, 
against the well-aiFected subjects of the state of J^Tew York ; 
that they had proceeded so far against him, as to cause him to 
he charged — in an indictment for high treason against " their 
assumed government " — with an attempt to introduce a " fo- 
reign power" into Yermont, meaning undoubtedlj^ by these 
words the government of New York and the authority of Con- 
gress ; that they had " debauched " into a union with them- 
selves, portions of New York and New Hampshire ; that, 
although exempt from the " common burthens of the American 
war," they still exercised an " exorbitant power in taxation and 
arbitrary drafts, to support their usurpations against two of the 
states in the American confederacy ;" and that this latter proceed- 
ing was intolerably grievous to the great body of the true friends 
of America, who were compelled to endure, since they were not 
able to resist. To support these declarations, the representant 
offered to adduce the " most regular and conclusive proofs," pro- 
vided he and his friends should be protected while collecting 
tlie evidence. He also suggested the propriety of sending con- 
gressional commissioners to make inquiries and return a full 
report, and added his assurance that they would be upheld and 
respected by the majority of the people. In conclusion, he 
gave as his firm opinion " that unless Congress seasonably and 
vigorously interpose, the well-affected to the state of New 
York and the United States will fly to arms in opposition to 
the usurpation of Yermont." 

On reaching Poughkeepsie, Smith waited on Gov. Clinton, 
apprised him of his business, and bespoke his assistance. Clin- 
ton, at once, approved of the undertaking in which Smith was 
engaged, and on the 21st of January presented him with a let- 
ter of introduction to William Floyd, one of the delegates from 
New York in Congress. In this communication, Clinton recited 
in brief the information which Smith designed to communicate, 
and desired Floyd to aid that gentleman in fulfilling his com- 
mission. " You will be able, I j)resume, from the temper of 
Congress," wrote he, " immediately to determine what effect 
Mr. Smith's representation is likely to have, and if it should not 
appear probable that any measures will be taken in conse- 
quence of it, I wish he may not be detained in Philadelphia a 
single hour longer than is necessaiy for you to prepare your dis- 
patches." Agreeable to this request, the representation was 

27 



418 HISTORY OF EASTERN VERMONT. [1782. 

laid before Congress on the 2Stli of January, and was referred 
with other papers to a special committee. Without waiting to 
see the issue, Smitli returned home. On he 19th of February 
the first report was made on the subject, and was re-committed. 
On the presentation of their second report by the grand commit- 
tee, on the 1st of March, nearly the whole day was spent m the 
discussion of the Vermont question, and of the conduct of the 
inliabitants of that state in admitting the Eastern and Western 
Unions within their jurisdictional limits. The result of these 
proceedings was the passage of a number of resolves declaring 
the boundaries of the New Hampshire Grants to be henceforth, 
as they were understood to have been, previously to the admis- 
sion of the territory comprised within the acknowledged limits 
of ]^ew York and New Hampshire. Although these resolves 
were to a certain extent due to the statements of Smith, yet the 
main object of his mission was not accomplished, since no direct 
measures were taken to secure those whom he represented the 
rights which they claimed as citizens of New York. 

On his way home, Smith left with Governor Clinton a coj)y of 
the representation which he had brought before Congress, and a 
petition, dated February 11th, addressed to the Legislature of 
New York. In the latter document, he stated that he had been 
authorized by his constituents to apply both to Congress and to 
the New York Legislature " for their respective interposition on 
the subject matter of his representation ;" that the well-afi'ected 
on the "Grants" would cheerfully render obedience to New 
York, provided they could be protected ; that by the laws of 
Vermont they were deprived of civil and military power ; and 
that they were determined to resort to " the natural means of 
defence by arms," unless interposition should be made in their 
behalf. In view of these difficulties he prayed the Legislature 
to employ " seasonable and vigorous " measures, and thus free 
his constituents from the necessity of repelling force by force, a 
step which " by the rights of mankind " they would be justified 
in taking. The Legislature were to have met on the lOtli of 
February, but at that time and for several daj's following there 
was not a quorum present. As soon as a sufiicient number had 
congregated, the petition and representation were read in tlie 
Assembly, and, on the 23d of February, were referred to a joint 
committee of the Senate and Assembly " on the papers relative 
to the New Hampshire Grants," consisting of Messrs. Hathorn, 
Tompkins, De Witt, L'Hommedieu, and Adgate, from the latter 



17S2.] DILATORINESS OF CONGEESS. 419 

body, "When, on the 26th, the documents were presented to the 
Senate, they were disposed of in a similar manner, Messrs. 
Oothoudt, Whiting, and Ward being the members of the joint 
committee to whom they were referred. 

As in Congress, so in the Xew York Legislature, no direct 
results followed this effort made by the constituents of Smith to 
obtain justice for themselves and protection from the people of 
Yermont. The attention of both of these bodies was too much 
engaged in investigating the reports which were daily pouring 
in upon them, of a treasonable correspondence between Yer- 
mont and Canada, to allow of an examination of the incon- 
veniences of which the Guilfordites and their colleagues com- 
plained. But the declarations which were made were not 
entirely lost. Their influence was discernible in the course 
which New York, at a later period, determined to adopt in 
establishing government in the late county of Cumberland. 
Soon after his return home. Smith presented a petition to the 
General Assembly of Yermont, praying to be released from the 
charge of treason which had been brought against him. The 
request was referred to a committee, who reported favorably 
thereon, and by an act of the Assembly, passed on the 23d of 
Feb Aary, he was discharged from the indictment " for conspir- 
ing and attempting an invasion, insurrection and public rebel- 
lion " against the state, on condition that he should appear at 
the court in Windham county and answer to other charges 
which might be brought against him, and take the oath of alle- 
giance to Yermont. The disappointment which he had expe- 
rienced at Congress, was undoubtedly the cause of his apphca- 
tion to the General Assembly. It does not appear, however, 
that he accepted the proposals which were oifered him, and, 
judging from the conditions on which they were based, it is 
probable they were rejected.* 

As soon as Yermont by her own act had dissolved all connec- 
tion with the Eastern and Western Unions, many of the residents 
in several of the towns of the former county of Cumberland, again 
declared themselves citizens of New York. At a town meeting 
held at Brattleborough, on the 12th of March, the people assem- 
bled and declared by vote, that in their opinion a treaty had been 

* George Clinton Papers, in office Sec. State N. Y., vol. xiv. doc. 4129: vol 
XV., docs. 4301, 4334, 4352. Journals of Am. Cong., Feb. 19th, March 1st, 1782. 
Vt. Council Records. Journal Gen. Ass. Vt., Feb. 1182. Journals Ass. K Y. 
Various MSS. 



420 HISTORY OF EASTERN VERMONT. [1TS2. 

" entered into with the enemy ;" that the inhabitants of the Xew 
Hampsliire Grants justly owed their allegiance to New York ; 
that it was their own duty " to withdraw all allegiance or obe- 
dience to the state or authority of Vermont ;" and that in case a 
suiiicient number of the inhabitants of the other towns in the 
county should adopt similar sentiments, they would petition the 
Governor of New York to appoint civil and military officers 
for their guidance, and to establish a civil government mider the 
authority of that state. On the 13th, a similar meeting was held 
at Guilford, and was followed by the same results. The inhabit- 
ants of Halifax assembled on the 14th, for the purpose of con- 
sulting upon the question of their connection with New York, 
and arrived at conclusions of a like natm'e. 

Ou the 20th, a convention of the committees of the three 
towns above named met at Brattleborough, for the purpose of 
concerting such measures as the peculiar situation of the county 
demanded. Elijah Prouty of Brattleborough was chosen mode- 
rator of the meeting. Samuel Avery, as agent, was directed to 
repair to the Legislature of New York, and lay before them " a 
just and true state" of the "oppressions and grievances" to 
which their constituency on the "Grants" were subjected. 
Certain persons were also appointed to write to those 'towns 
which were not then represented, for the purpose of eliciting 
their sentiments respecting the course which had been adopted 
by the convention. In regard to Hinsdale, Newfane, Putney, 
Westminster, Rockingham, and Weatherslield, the convention 
declared their opinion that, if those towns had been allowed 
proper time and sufficient notice, they would have agreed to 
and sanctioned the objects and actions of the meeting. In the 
instructions which were afterwards given to Avery, he was 
directed to deliver the papers which should be entrusted to him 
to the Legislature of New York, and pray for their " advice and 
assistance ; " to endeavor to influence them to establish actual 
civil government on the " Grants," " with sufficient authority 
and force to carry it into execution ; " and, if he should receive 
encouragement, to proceed to Congress, and lay the whole sub- 
ject before the members of that body.* 

These measures contributed, in a certain degree, to influence 
the conduct of those to whom personal appeals were made, but 
they brought no immediate redress of the evils complained of. 

* MS. Minutes of meetings held at Brattleborougli, Guilford, and Halifax. 



1782.] PEKSEVEKANCE OF THE TOKKERS. 421 

The return of the inhabitants in the Western Union to their alle- 
giance, and the question of land titles on the New Hampshire 
Grants, were now occupying the attention of the New York 
Legislature, and the prayers of the few were unheard among the 
applications, petitions, and remonstrances of the many. 

Although the Yorkers in the townships of Brattleborough, 
Guilford, and Halifax received but little encouragement from 
the government whose authority they acknowledged, yet they 
did not cease, by addresses and agents, to importune the Legis- 
lature of New York for assistance. However men may disagree 
as to the merits of their cause, no one can deny to them a per- 
severance of itself almost worthy of a successful issue. On the 
26th of April, a remonstrance in behalf of these towns was pre- 
pared by Charles Phelps of Marlborough. He and his sons 
were violent opponents of the Vermont jurisdiction, and subse- 
quently became active leaders in the New York party. A 
treasonable correspondence between the principal men in Yer- 
mont and the British in Canada M-as boldly asserted in this 
document, and the former were charged with an agreement to 
raise a force to be employed under British pay for " the destruc- 
tion of the liege subjects " of the United States. Complaint 
was made at the same time, because of the taxes which the 
friends of New York were compelled to pay towards the support 
of a government whose authority they denied. The incon- 
veniences and sntfering ensuing therefrom were also set forth in 
the plainest terms. These statements were accompanied by a 
request that one regiment or more might be raised and officered 
in the county of Cumberland, under the pay and authority of 
New York ; that probate judges, justices, coroners, and " all 
other civil officers" might be commissioned, for the " good regu- 
lation " and " compleat protection " of the people ; that Judge 
Richard Morris might be exhorted to visit the county, for the 
purpose of encouraging the loyal, and disheartening their 
opponents ; and that the worst criminals might be carried to 
Albany or Poughkeepsie. In closing, the committee, in whose 
name the remonstrance was drawn, expressed a desire that 
Governor Clinton should send his answer " in writing, and no 
more by word of mouth," in order that the people might see his 
declarations in his " own hand." * 

At a convention of the committees of these three most faith- 

* George Clinton Papers, in office Sec. State K Y., voL xv., doc. 4482. 



422 HISTOKT OF EASTERN VERMONT. [lTS2. 

fill towns, lield on the 30tli of April, the remonstrance was ac- 
cepted as the expression of the people, and Daniel Shepardson 
was appointed to carry it to Ponghkeepsie, and endeavor to ob- 
tain a favorable response. He was also entrusted with a list of 
the names of those best qualified to fill civil and military ofiices, 
and was directed to submit it to the New Tork Council of Ap- 
pointment for their guidance in selecting officials for the county. 
In the execution of his commission, Mr. Shepardson repaired to 
Poughkeepsie, and received from Governor Clinton a reply to 
the remonstrance. In this communication, dated the 6th of May, 
the Governor assured the associated committees, that, as soon as 
the Council of Appointment could be convened, he should use 
his "best endeavors" to obtain commissions for "the requisite 
civil and military officers." He then referred to the act of 
Congress of the 2'Ith of September, 1779, which expressly 
declared it to be the duty of the inhabitants on the " Grants" 
owing allegiance to Vermont, to abstain from exercising 
any power over those who were subjects of New York and vice 
versa. In view of the conduct of New York and of the rights 
guaranteed by this enactment, he observed : " This state has, 
during the whole of the time since the controversy was submit- 
ted to Congress, hitherto strictly observed this recommendation 
of Congress ; and should any person under j^retence of author- 
ity from the assumed government attempt to enforce their 
laws, you will perceive that resistance by force is, in every point 
of view, justifiable, and the faith and honor of Congress is pledg- 
ed for your support." In regard to the suspicions which were 
afloat as to the course which Vermont was pursuing with the 
British in Canada, he declared that there was the fullest evi- 
dence of a " criminal and dangerous intercourse" between them, 
and presented this fact as an additional reason why the friends 
of America should " interest themselves in prevailing with their 
fellow citizens to return to their allegiance, and by that means 
disappoint the views of a combination who from motives of self- 
interest and ambition would enter into a league with the enemy, 
and sacrifice the liberties of their country." He stated, more- 
over, that in case persuasive measures should prove inefiectual 
in the re-establishment of peace, and Congress should delay or 
wholly decline to decide the question of jurisdiction, no alterna- 
tive would be left to New York. Necessity, he declared, would 
then force the adoption of " compulsory means" to maintain the 
rights and enforce the authority so essential to the future peace 



1TS2.] THE EEPUBLIC OF GUILFOKD. 423 

and security of the state. With this letter were sent the two 
late acts of the Legislature, one of which had been passed for 
the i^urpose of extending pardon to those who had been the sup- 
porters of the Western Union, and to all others who should return 
to their allegiance ; and the other for confirming grantees in the 
titles by which they held their lands.* 

Hardly had the contents of this letter transpired, when an op- 
portunity was offered for those who should choose so to do, to 
attest their adherence to the government of New York. By an 
act of the Legislature of Vermont, passed a few months previous 
at the February session, orders had been issued for raising " three 
hundred able-bodied, effective men, for the ensuing camjiaign." 
Li case any town should refuse to raise their quota of men, power 
was given to the selectmen to hire the required number, and 
to issue their warrant to the sheriff of the county, directing him 
to levy on " so much of the goods and chattels, or estate" of 
the inhabitants as should be necessary both to pay the wages of 
those who should be hired, and to satisfy all the necessary 
charges which might arise. The friends and supporters of the 
government of ISTew York, who, until the year lYSO, had com- 
posed a large portion of the population of the towns in the south- 
eastern part of Yermont, liad been gradually decreasing in 
power and numbers. At this period, a majority of the inhabit- 
ants of Guilford, a minority of the inhabitants of Brattlebo- 
rough and Halifax, the family of Charles Phelps in Marlbo- 
rough, and here and there an individual in AYestminster, Rock- 
ingham, Springfield, and a few other towns, rej^resented their 
full strength. Although in town elections they were sometimes 
placed in nomination against citizens of Yermont, yet the lat- 
ter were, with rare exceptions, successful in obtaining oflice on 
those occasions. 

Guilford had been for several years, and was at this time, the 
most populous town in the state. This was not owing to any 
superior natural advantages, either as to situation or soil, but to 
the greater liberty which its citizens enjoyed. On the 19th of 
May, 1772, the inhabitants, at a district meeting, had refused 
longer to be bound by the terms of the charter they had 
received frv)m New Hampshire ; had declared by vote, that 
Guilford was in the county of Cumberland, and province of 



* Doe. Hist. ]S'. Y., iv. 1010-1012. Slade's Yt. State Papers, pp. 173-1 T 6. Pa- 
pers relating to A"t. Contvover-sy, in office Sec. State X. Y., p. 40. 



424: HISTORY OF EASTERN VERMONT. [1782. 

Xew York ; and had chosen town officers agreeable to the laws 
of that province. " Having renounced their charter," observes 
Thompson, " and there being no government which really 
exercised authority over them, they continued to legislate for 
themselves, and tradition says that good justice was done." 
One princii^le in their abandoned charter was, however, ad- 
hered to, and " none but proprietors, or those who held under 
them, had a right to rule, or vote in their meetings." Thus 
did this little republic continue from year to year to be 
governed by the decisions of town meetings, and the excellent 
administration of its affairs and the inducements which were 
offered to settlers, clothed its fields with weaving harvests, and 
adorned its hill-sides with cheerful dwellings. Not until the 
year 1777, when Yermont was declared an independent state, 
did those rivalries commence which for years afterwards dis- 
turbed the peace of this happy community, and finally resulted 
in its dissolution.* 

In accordance with the terms of the act for enlisting soldiers 
in the service of Yermont, it had been reported that drafts 
would be made from Guilford. At this juncture the letter 
from Governor Clinton, declaring " resistance by force" to be 
justifiable, was circulated among the people. A meeting was 
immediately called in Guilford, which was largely attended by 
the Yorkers, the dominant party in that town, and the instruc- 
tions from New York wxre adopted. A vote was passed by 
which the people declared their determination " to stand 
against the pretended state of Yermont, until the decision of 
Congress be known, with lives and fwtunes.''^ As an evidence 
of their sincerity, Henry Evans, Daniel Ashcraft, and Nathan 
Fitch were directed to forbid the constable to act. Although 
the New York adherents were in the ascendant, yet the citizens 
of Yermont were by no means backwards in asserting their 
rights. One result of this loyalty was, that the affairs of the 
town were regulated by two distinct sets of officers, the one ap- 
pointed in accordance with the customs of the former state, and 
the other in accordance with those of the latter. 

Instead of selecting the soldiers who were to serve in the 
Yermont militia from the citizens of that state residing in 
Guilford, the officers chose them from the opposition. Those 
who were drafted refused to serve, or to bear the expenses of a 

* Thompson's Vt., Part III. p. 81. 



1TS2.] SYMPTOMS OF A STOKM. 425 

substitute. Au open rupture could be no longer avoided. On 
the lOtli of May, Simeon Edwards, "William Marsh, and Eph- 
raim NichoUs, the selectmen of Guilford by the choice of the 
citizens of Vermont, directed the sheriff of Windham county, 
in the name of the state, to take the goods and chattels of 
Samuel Bixby, William White, Josiah Bigelow, Joel Bigelow, 
and Daniel Lynde, to the value of £ 15, that being the amount 
which had been ex^^ended by the state in hii'ing a man to do 
military duty in their behalf. Tlie sheriff was further in- 
structed to sell whatever he should seize, at public vendue, and 
return the proceeds to the selectmen, " with all convenient 
dispatch," The warrant authorizing these proceedings was 
l^laced in the hands of Barzillai Rice, one of the sheriff's 
deputies, who determined to execute it immediatel}^ On 
reaching the house of Hezekiah Stowell, a most violent Guil- 
fordite Yorker, he found a large company assembled, and 
among the number some whom he wished to see. Supposing 
himself secm-e from the danger of an attack, both by his 
official character and by the presence of two of the selectmen 
who had drawn the warrant, he made known his business, and 
his determination to obtain either the fines or their equivalent. 
This declaration created much confusion, and angry words 
were heard from every part of the room. Opposition to the 
unjust demands of Yermont was loudly proclaimed, and it was 
plainly evident that words were to be but the prelude to action. 
William Shattuck, of Halifax, a leader among the Yorkers, 
failed not on this occasion to strengthen the minds of his friends. 
Mingling in the crowd, he counselled them to protect their 
rights ; to stand by their liberties ; and to repel the invasions 
of a usurped power. " I am a supporter of the opposition," 
he declared, " both in pubhc and in private. I deny the 
authority of Vermont. The cause that I maintain is just, and 
I have done and will do all in my power to uphold it." With 
Shattuck the majority coincided. A few were disposed to 
settle the fines, provided satisfactory terms could be agreed on. 
For the sake of a more private interview, the deputy, selectmen, 
and those interested in the proceedings, repaired to the house 
of Josiah and Joel Bigelow. Henry Evans and William White, 
who acted for the five delinquents, having considered the subject 
at length, were finally agreed as to the course they should pursue, 
and requested the deputy to delay the execution of the warrant 
for twenty days, that they might have an opportunity to send 



426 HISTORY OF EASTERN VERMONT. [ITS? 

to New York for instructions. This the deputy refused to do, 
and forthwith proceeded to carry off a cow belonging to Joel 
Bigelow, having first ordered all who were present to assist him 
in the execution of his office. 

Evans, who had now become excited, interposed, ordered the 
deputy to be gone, threatened lum with violence in case he 
should persist, and " damned the authority " under which he 
was presuming to act. Disregarding these expressions, the 
deputy i^ersisted in the attempt, and took possession of the cow. 
Determined to release the animal and return her to her owner, 
a large crowd followed the deputy, awaiting a favorable oppor- 
tunity to accomplish their purpose. At length the voice of 
Capt. Joseph Peck of Guilford was heard ordering his men, who 
were present in the dress of citizens, to " embody to rescue." 
The command was obeyed, the deputy was surrounded by a 
mob of forty or fifty men, and the cow was seized and driven 
away in triumph.* Such was the result of this determination to 
resist the execution of the laws of Vermont. "VYliile the support- 
ers of the claims of New York exulting in the success which 
had attended this effort, were making every exertion to add to 
their strength and increase their efficiency, the citizens of Ver- 
mont were rejoicing that this forcible resistance had placed 
then\ in possession of an argument which would henceforth 
warrant them in punishing their opponents as disturbers of the 
peace and contemners of lawful jurisdiction.f 

* In the presentment of the gi-and jurors of Windham county, made in Sep- 
tember, 1782, the foUowing persons were charged with being engaged in the 
transaction mentioned in the text: Jotham Bigelow, Daniel Lynde, Joel Bigelow, 
Josiah Bigelow, William White, Samuel Bixby, Giles Roberts, Dean Chase, Ben- 
jamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel 
Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, 
John Stafford Jr., James Packer, Stephen Chase, Joshua Nui'se, Noah Sliepardson, 
Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, 
Joseph Dexter, Moses Yaw, Amos Taw Jr., and Ilezekiah Broad, all of Guilford; 
and Elijah Prouty and Benjamin Baker of Brattleborough. Besides these, there 
were present, Timothy Church of Brattleborough, William Shattuck of Halifax, 
Henry Evans of Guilford, and others whose names did not £^pear. 

f MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141. 



CHAPTEE XYI. 

THE CIVIL SUSTAINED BY THE MILITARY AKM. 

Convention of town representatives favorable to Kew York — Petition and remon- 
strance — Credentials — Charles Phelps — Novel punishment at Hertford — Letter 
of Richard Morris — Council of Appointment — Civil and military officers — 
Advice of Gov. Clinton to Col. Timothy Church — Act of the General Assembly 
of Vermont for the punishment of conspiracies — Isaac Tichenor's visit to the 
Yorkers — Anticipations of trouble — Meeting at Guilford — Letters from Gov. 
Clinton to Col. Church and to the supporters of the jurisdiction of New York — 
Determined conduct of the Yorkers — Col. Church resists the laws of Vermont — 
The command of the Vermont troops given to Ethan Allen — Preparations for 
attack and defence — The erjiedition — Col. Ira Allen's adventure — Bravery of 
Mrs. Timothy Phelps — Effects the escape of her husband — An amusing scene — 
Mr. Phelps is afterwards taken by Ethan Allen — The onset of the Guilfordites — 
Ethan Allen's famous proclamation — His force receives additions — The Yorkers 
imprisoned at Westminster — First day of the trial — Proofs of the seditious 
behavior of Church, Shattuck, Evans, and T. Phelps— Their sentence— Another 
attempt to take Charles Phelps — His library — Second day of the trial — Boast- 
ing of Ethan Allen — Remainder of the court session at Westminster — A special 
session at Marlborough — Trials and sentences — Samuel Ely's offence — His trial 
and punishment — Sufferings of the Yorkers. 

The excitement caused by this disturbance having partially 
subsided, representatives from the towns of Brattleborough, Guil- 
ford, Halifax, and Marlborough assembled in convention, on the 
lYth of May, and prepared a combined "remonstrance and 
petition " for the consideration of Governor CKnton. This pro- 
duction did not embody a specific narrative of the late resistance, 
but, in the most general terms, disclosed the fact that " intrigues, 
conspiracies, and insurrections " were " daily perpetrated " by 
the Vermonters ; that warrants were frequently issued for the 
seizure of the persons and property of the petitioners ; and that 
usurpations had been " vahantly opposed " by the friends of 
New York. Tlie petitioners declared it to be their intention to 
defend their rights by force, until " proper authority " should be 
instituted. At the same time they acknowledged that their 



428 HISTORY OF EASTERN VERMONT. [1782. 

defeat was certain, unless tliey sliould receive external aid. 
For these reasons tliey prayed the Governor to use his influence 
in obtaining the apj)ointment of a sufficient number of " prudent, 
just, and faithful officers, both civil and military, of every kind 
necessary or proper for all the purposes of an organized govern- 
ment," who should be forthwith sworn into office, and permitted 
to enter upon their duties. They also asked for permission to 
convey prisoners to any jail in the state of Kew York. That 
the Yermonters might have no cause to charge them with 
indiffijrence to the common cause, they desired the Governor to 
command his subjects in Cumberland and Gloucester counties 
to raise a reasonable quota of men for the war, and collect 
means for their payment and support.* The establishment of 
courts of civil and criminal jurisdiction was declared to be indis- 
pensable to their safety, and the only means by which their 
enemies could be punished for the violation of the rights of the 
subjects of New York. 

Appended to this document were the credentials of Charles 
Phelps, who had been selected to carry it to Poughkeepsie. In 
these credentials the subjects discussed in the petition were 
rehearsed in brief, and a few topics were considered which had 
been omitted in the latter. Mr. Phelps was directed "to urge" 
the Governor "with all possible assiduity and zeal" to send 
Judge Morris and his associates into the county of Cumberland, 
for the purpose of holding a court of Oyer and Terminer. Such 
a course, it was argued, would tend to the speedy establishment 
of legal rights ; and would prove to the citizens of Yermont the 
determination of the government of New York to protect its 
subjects from the ill treatment to which they were continually 
exposed. In the same paper Mr. Phelps was recommended as 
a proper person for fii-st justice of the Inferior court of Cumber- 
land county, whenever such a tribunal should be established. 

The documentary force of the agent was completed by a third 
paper, entitled, " Reasons to Induce His Excellency the Gover- 
nor, Judge Morris, the Attorney-General, and the Council of 
Appointment, to go into Cumberland and Gloucester Counties 
to appoint Civil and Military officers for the complete organizing 
them, and instituting civil and military Government and Courts 



* Although the government of Vermont had divided the eastern portion of that 
stflte into the counties of Windham, Windsor, and Orange, as before stated, the 
supporters of the jurisdiction of New York recognised only the old divisions. 



1782.] CIVIL AND MILITAKT APPOINTMENTS. 429 

of Justice, as fully to all intents and purposes as in any other 
Counties in the State.'' These reasons were two in number. Li 
the first place it was stated, that such a visit would " fully con- 
vince the New York state subjects" that the Legislature had 
determined to defend them from the encroachments of a rival 
power, and would " naturally embolden" them to exeit them- 
selves "in every possible, lawful, prudent manner," to support the 
government which oifered them protection. A second result, 
it was declared, would be to " sink the hearts and deaden the 
resolution of all the Vermont party ; intimidate their guilty and 
dejected minds ; enfeeble their resolutions against us, and whol- 
ly enervate all their ambitious, malignant, avaricious, and de- 
spotic designs, so arrogantly formed against us and the right- 
eous administration of the state." Such were the consequences 
which were expected to follow the exhibition in Vermont of 
some of the state officials of New York. The petition, creden- 
tials, and reasons, were all composed by Charles Phelps, and in 
style and argument, evinced an originality worthy of notice. 
Anned with these missives, the agent set out for Poughkeepsie, 
resolved to save the " half-ruined state" as he called New York, 
provided eloquence and logic were allowed to exert their proper 
influence.* 

While in Windham county the difficulties which prevailed, 
seemed to spring principally from political causes, there would 
sometimes happen in other portions of the easteiTi section of the 
state disturbances originating in a dislike of the delay which 
usually accompanied the execution of law. An incident which 
occurred at Hertford, originated in a sentiment of tliis nature. 
John Billings of that town, having been guilty of some con- 
temptible act, was threatened with punislmient. This was in- 
flicted in such a manner as to cause considerable physical suffer- 
ing, and was humiliating in the extreme. On the night of the 
30th of May , a party of men composed of Jedediah Leaving, Phine- 
has Killam, James Williams, Timothy Lull Jr., Aden Williams, 
Timothy Banister, Simeon AVilliams, Joab Belden, and William 
Miller, all of Hertford, and Moses Morse and Amos Pobinson 
of Windsor, " with force and arms, unlawfully, riotously, and 
routously" assembled and assaulted the unfortunate citizen. As 
was more clearly set forth in the presentment of the grand jury, 
they " did beat, wound, and ill-treat" him by " placing liim on 

* George Clinton Papers, in N.Y. State Lib., vol. xv. doc. 452Y. 



■ioO HISTORY OF EASTERN VERMONT. [1TS2. 

an old horse witliout a saddle, tying his feet under the belly of 
said horse, and hanging to his feet a very heavy weight, and in 
that situation causing him to ride to a considerable distance, 
by which he suflered great pain and inconvenience." Scenes 
of violence are necessary concomitants of a new settlement. 
Vermont, it is seen, did not present an exception to the general 
rule. In the present instance, howevei", the law asserted its 
power, and the disturbers of the public peace and the infringers 
of Mr. Bilhngs's personal rights, were j)unished by pecuniary 
mulcts, aud were compelled to bear the costs of the prosecu- 
tion.* 

On his way to Poughkeepsie, Mr. Phelps visited Chief-justice 
Richard Morris at Claverack, and made known to him the ob- 
ject of his mission. He also detailed the events which had 
lately occurred in the southern part of Vermont ; laid before 
the Judge the different papers with which he had been entrust- 
ed ; informed him that the Governor, the Attorney -General, 
and the Council of Appointment were to start immediately for 
the disaffected district for the pui-pose of organizing a govern- 
ment and establishing courts of justice on a solid basis ; and as- 
sured him that it was absolutely necessary that he shoidd accom- 
pany them. Although several of these statements were gratui- 
tous on the part of Phelps, yet they were pressed with so much 
urgency that they received immediate attention. " I cannot 
find out," wrote Morris to Clinton, on the 2d of June, with re- 
ference to Phelps, " that he wants me for any other purpose 
than to talk to the people, and I am sure that he so far excels 
me in that business, that I shall rather expose myself than be 
of any advantage. But jokes apart, if you are going into that 
country, and you thinlv my presence will be useful, though I can 
illy spare the time or money that must be spent, I will, with 
pleasure, accompany you." He also expressed his concurrence 
in the contemplated movement to appoint officers in the coun- 
ties of Cumberland and Gloucester.f 

On reaching Poughkeepsie, Mr. Phelps committed the papers 
with which he had been entrusted to Governor Clinton. Tlie 
Council of Appointment who were then in session, evinced a 
disposition suited to the emergency. Tliey decided in the out- 
set, that the loyal inhabitants of the northern district of the 
state were entitled to protection, and to the actual presence in 

* MS. Court Papers. 

f George Clinton Papers in N. Y. State Lib., vol. xv. doe. 4565. 



1782.] POWERS OF JUSTICES. 431 

their counties of proper civil and military officers selected from 
their own number. On the 5th of June, Charles Phelps, James 
Clay, Eleazer Patterson, Ililkiah Grout, Simon Stevens, Elijah 
Prouty, Michael Gilson, Samuel Bixby, Daniel Shepardson, 
Hezekiah Stowell, Bethuel Church, John Pannel, Nathan Fish, 
Joseph Winchester, and Daniel Kathan, were appointed justices 
of the peace for Cumberland county. In their commission, 
powder was given them to order the arrest of those persons who 
should threaten any of " the good people" of the state, " in their 
persons, or in burning their houses," and to keep them " in 
prison safe," until they should find security for their good 
behavior. To the first seven persons named in the justices' 
commission, were also given the name and power of justices of 
the quorum ; and to any three of this number was entrusted 
the " right to enquire by the oaths of good and lawful men," 
residents of the county, concerning such ofiences as were within 
the cognizance of a justice of the peace, and to determine uj)on 
them. They were also empowered to examine into the conduct 
of those who should " presume to go, or ride in company with 
armed force," for the jDurpose of opposing the people of the 
state of New York, or who should lie in wait with intent to 
maim or kill any of them ; and they were further directed to 
take notice of all attempts to set aside the laws and ordinances 
of the state. The justices of tlie quorum were also ajjpointed 
justices of the court of Oyer and Terminer, and general jail 
delivery. To Charles Phelps, James Clay, and Ililkiah Grout, 
was given power, as commissioners, to administer the oath of 
office to all civil and military appointees. 

Of the regiment which had been established for several yeare 
in the southern part of the county of Cumberland, Timothy 
Church was apjDointed Lieutenant-Colonel Commandant ; Wil- 
liam Shattuck First Major, Henry Evans Second Major, and 
Joel Bigelow Adjutant. Tlie commissions of all the officere 
were prepared without delay, and delivered to Mr. Phelps, who 
immediately set out on his return. He was also the bearer of 
two letters from Governor Clinton, one for the convention of 
the committees, and the other for Colonel Church. In the 
former, his Excellency stated that it had not Jjeen deemed 
advisable to appoint judges for the courts of Common Pleas, as 
the opening of tliose courts was not then " essential to the pre- 
servation of peace and good order," and might be attended with 
inconvenience ; that it was not the intention of the state to 



432 HISTORY OF EASTERN VERMONT. [ITS 2. 

delay the " complete organization" of government in Cumber- 
land county, but to await the proper time for such action ; and 
that the proceedings of the Council of Appointment had been 
in accordance with the course which was deemed best calcu- 
lated to advance the interests of the comity. In the other let- 
ter, the Governor notified to Colonel Church his appointment ; 
requested him to consult with others, and decide upon proper 
persons for captains and subaltern officers, in order that the 
formation of his regiment might be completed ; exhorted him 
to protect the country from the depredations of the enemy, by 
sending out detachments of men whenever their presence would 
be of service ; and desired him, in the execution of his oflice, to 
pay strict attention to the recommendations of Congress, by 
extending his authority over such only as professed allegiance 
to ISTew York, " unless the conduct of the usurped government 
in contravening" those recommendations, should render " a con- 
trary conduct indispensably necessary for the immediate protec- 
tion and safety" of those whom he was bomid to defend.* 

At the session in June, the General Assembly of Vermont, 
knowing well what preparations the Torkers were making to 
resist the execution of the laws of Vermont, determined to 
check their proceedings by persuasive measures, if possible, 
and if these should not succeed by compulsory laws. As an 
inceptive step, a resolution was adopted on the 19th of June, in 
wdiich Isaac Tichenor was requested to repair to the towns of 
Brattleborough, Halifax, and Guilford, for the purpose of ex- 
plaining the proceedings of Congress " to the disaftected, in a 
true light ;" and using his " utmost exertions to unite the 
people in those towns" to the government of Vermont. On the 
same day an act was passed " for the punishment of conspira- 
cies against the peace, liberty, and independence" of the state. 
Upon this act were based the indictments which were found 
against those who a few months later were declared guilty of 
treason. Its framei*s seem to have presupposed in its prepara- 
tion, the very condition in which the state was so soon to be 
placed by the conflicts between the government and the oppo- 
sition. The positions wdiich were assumed in it, were sufliciently 
broad to answer the ends of those who had resolved to maintain 
the integrity of Vermont. Its terms were as foUows : — 

"Whereas, unanimity — the great strength and security of a 

* George Clinton Papers in N. Y. State Lib., vol. xv. doc. 4574. MS. Com 
missions. 



1782.] ACT FOE THE PUNISHIVIENT OF CONSPIRACIES. 433 

free and independent people — is necessary for the existence of 
a sovereign state ; and whereas, insurrections may rise among 
the inhabitants of this state, fomented and stirred up by some 
designing persons, with a manifest intent to subvert and destroy 
the Hberties and independence of the same — which evil to pre- 
vent — 

" Be it enacted, and it is hereby enacted, by the representa- 
tives of the freemen of the state of Yermont in General Assem- 
bly met, and by the authority of the same, that when, and so 
often as, six or more persons shall assemble with weapons of 
terror. Math a manifest intent to impede, liinder or disturb a.nj 
officer of this state, in the execution of his office ; or shall rescue 
any prisoner, in the custody of the law ; or any goods, or chattels, 
legally distrained ; and there shall be among said persons six, or 
more, who do not yield allegiance to the authority of this state, 
or have, and do deny the jurisdiction of the same ; all and 
every person so offending shall suifer banishment or imprison- 
ment, at the discretion of the Superior court, before whom 
said offenders shall be tried : and their goods, chattels, and 
estates, shall be seized, condemned, and sold, by order of the 
Superior court, as forfeited to the use of this state. 

"And be it further enacted by the authority aforesaid 
that if any person or persons shall conspire or attempt any 
invasion, insurrection, or public rebellion against this state ; or 
shall treacherously and perfidiously attempt the alteration or 
subversion of our frame of government, fundamentally esta- 
blished by the constitution of this state, by endeavoring the 
betraying of the same into the hands of any of the neighboring 
states, or any other power, and be thereof convicted before the 
Superior court, [such person or j^ersons] shall suffer banishment 
or imprisonment, at the discretion of the said court ; and the 
goods, chattels and estates of such offenders, shall be seized, con- 
demned, and sold, as forfeited to the use of this state. 

" And be it further enacted by the authority aforesaid, that 
if any person or persons, so banished, shall neglect to depart 
when ordered ; or, when departed, shall return to this state, 
without first obtaining liberty from the General Assembly, and 
shall be thereof convicted, he or they shall suffer death."* 

In conformity with his appointment, Mr. Tichenor visited the 
most fractious of the southern towns in Vermont, and endeavored 

* Journals Gen. Ass. Vt. Slade's Vt. State Papers, p. 454. 

OS 



434 HISTORY OF EASTERN VERMONT. [1TS2. 

to expound to tlie people the proceedings of Congress relative to 
the aifairs of the conteudiijg states. He informed them that 
Vermont was a state in every sense of the term ; that their 
safety consisted in acknowledging its jurisdiction ; that the law 
would inflict punishment in case they should not submit ; and 
that the promises of protection and defence from New York 
were unreliable and fallacious. Although many believed that 
Xe w York would not willingly desert her subjects in the hour of 
trial, 3'et the idea was also prevalent that she would be finally 
compelled to pursue this course.* "Whatever may have been 
the efiect of Mr. Tichenor's reasoning on those who had become 
wearied with resisting the authority of Yermont, there were some 
in whose minds it aroused a spirit more decided in its opposition 
to the new state. " I have sounded the minds of Yermonters," 
wrote Charles Phelps to Governor Clinton, on the 10th of July, 
" and find that they dare not at present, in the four towns where 
the committees dwell, meddle with us Yorkers, if people don't 
come from Bennington county with weapons of terror to scare 
or frighten or fight us." He stated his belief that " people of pro- 
perty " would not dare to attack the Yorkers ; and that those who 
should be so rash as to make any warlike demonstrations would 
be slaughtered as readily as the common enemy. To render 
the condition of the oj)position more secure, he suggested that 
General Washington should order four field-pieces to be sent from 
Springfield to Brattleborough. A demonstration of this nature, 
he contended, would have more effect in preventing trouble, 
than a militia force of three hundred Yorkers raised without 
the sanction and orders of Washington. Further to encourage 
the Governor to sustain the friends of New York, Daniel 
Shepardson informed him, on the 15th of July, that some of the 
more northern towns in Yermont would unite in favor of the 

* In reference to Mr. Tichenor's embassy, Gov. Clinton wrote to the Hon. 
James Duane, from Poughkeepsle, on the 5th of August, 1782, in these words : " Mr. 
Tichenor Avas sent among them [the friends of New York] by the leaders of the 
revolt, to endeavor to prevail upon them to submit to their government, and for 
this purpose made a very unfair use of the last report of the committee of Congress, 
by endeavoring to deceive them into an opinion that it was the general sense of 
Congress, and that a determination would accordingly soon be made in favor of 
their independency. Tho' I have reason to believe that Mr. Tichenor did not 
succeed in his intentions, yet by these acts and by inducing the people who live 
more exposed to believe that, while they continue connected with them, they 
have nothing to apprehend from the common enemy, they have in some degree 
defeated the effect which the pacific measures of our Legislature would have 
had on them." George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4C97. 



1782.] ACTIVITT OF THE VERMONT LEGISLATURE. 435 

'^ew York jurisdiction, provided assurances could be given of 
assistance from head-quarters.* 

From tlie activity displayed by the Yermont Legislature in 
passing and promulgating laws aimed directly at the extinction 
of the faction Avliich refused to pay Yermont taxes or recognize 
Yermont legislati«3n, and wdiich was determined to resist by 
force the execution of measures not originating with the govern- 
ment of Kew York — it was evident that a blow was soon to be 
struck which would cripple the strength of the faction, or crush 
it for ever. Tlie committees of the few towns which still con- 
tinued loyal to IN'ew York were aware of this state of things 
when they assembled at Guilford on the 15th of July, to con- 
sult upon the course which they should adopt in case an appeal 
was had to arms. In their petition to Governor Clinton — the 
inevitable result of a meeting — they rehearsed the occurrences 
of the few weeks previous, and hinted their disquiet in words 
which almost announced it. That their own courage might 
be strengthened, the enemy terrified, and their "wavering 
brethren" encouraged, they besought the Governor to order the 
militia in the western part of New York to march against the 
Yermonters in case they should cross the mountains and com- 
mence hostilities upon the Yorkers in Cumberland county. 
Tliey also asked for definite commands " to fight and stand" in 
their own defence. In order to nullify the arguments and elo- 
quence which had been employed by Yermont in miscon- 
struing the meaning of the resolves of Congress, they desired 
his Excellency to send an intelligent man to counteract the 
efforts of " Esquire Tichenor," and to certify to the people to 
what extent they might depend upon New York in the sup- 
port of her own jurisdiction. This petition and the other 
papers accompanying it, were forwarded by Mr. Cutbeth, who 
took the place of the regularly appointed messenger. In 
explanation of this substitution, the committees observed that 
they expected to have business for Major Shattuck, the Lieu- 
tenant-Colonel Commandant, " about home."t 

The messenger reached Kingston on the 24th of July. The 
Council of Appointment were again summoned, and the 
official list of the southern regiment was completed. Elisha 
Pierce was chosen Quarter-master, and six companies were 

* George Clinton Papers in N. Y. State Lib., vol. xvi. does. 4647, 4655. 
f George Clinton Papers in N. Y. State Lib., vol. xvi. doc. 4654. 



436 HISTOET OF EASTERN YERMONT. [1782. 

formed — two in Brattleborougli, three in Guilford, and one in 
Halifax — each with a captain and. the proper complement of 
subalterns. The commissions were immediately prepared and 
intrusted to Mr. Cutbeth, who was also the bearer of a letter 
from the Governor to Colonel Church. In this communication, 
dated the 26th of July, all wRo sided with the Colonel were 
earnestly exhorted to " preserve unanimity and firmness" 
among themselves, and reject the artifices which might be 
employed by their adversaries to " deceive and amuse" them. 
To the committees of the towns who had petitioned for aid in 
their extremity, Governor Clinton, in a letter of the same 
date, defined his position in terms full and explicit. As an 
explanation of the course which he had been obliged to pursue 
towards those who amid change and misfortune, had still 
remained loyal to the government of Kew York, it must be 
admitted that his language, though strictly true, was neither 
encouraging nor satisfactory. 

" From the whole of my conduct respecting the controversy 
between the government of this state and. its subjects on the 
' Grants,' " wrote he, " you must be persuaded of my sincere 
wishes and disposition to afford you every possible aid and 
support, though at the same time you can easily conceive that 
in our present condition, when every effort and attention is 
requisite to defend the remaining part of the state from being 
wholly ruined by the common enemy, it is not in my power 
positively to stipulate that any body of troops or militia shall 
march for your defence, should the usurped government of 
Vermont attempt to compel you by force of arms to submit to 
their jurisdiction. In being thus explicit with you, I would 
wish not to be undei"stood as discouraging you in your opposi- 
tion to the usurpation, for you may be assured that however 
the distresses we have experienced, and are still subject to from 
the war, may at present prevent us from employing the forces 
of the state in vindication of our rights, yet I have no reason to 
believe that the Legislature will ever relinquish their just claim 
to the territory in question, unless impelled thereto by the 
most inevitable necessity ; neither do I think it probable, from 
the latest accounts I have received, that Congress wiU ever 
decide in favor of the pretensions of Vermont to independency, 
(Mid candor induces me to declare also^ that there is little 
prosjject of their deciding in favor of us. Tlie truth is, that 
the evidence in support of our claim to the jurisdiction of the 



17S2.] LETTER FEOM CLINTON. 437 

country, is so full and conclusive that there is no possibility of 
withholding a conviction from it ; and although there may be 
individuals in Congress who, from motives of interest and policy, 
would wish to contract our limits, yet it is highly improbable 
that they will ever be able to influence Congress to make a 
decision favorable to their views, and especially as it is not 
submitted to Congress to determine arbitrarily, whether the 
'Grants' shall be a separate, independent state, but only to 
make a judicial adjudication, on evidence, relative to the 
boundary of this state ; nor have they by the confederation, 
power to create a new state. 

" These matters you may rely on, notwithstanding the asser- 
tions of Mr. Tichenor and the other leaders of the revolt, and 
who, to countenance their assertions, may produce reports of 
committees which were introduced into Congress, not in expec- 
tation that they ever would be adopted, but solely with a view 
to keep the spirit of defection alive, and to counteract the endea- 
vors of this state for the re-establishment of its jurisdiction by 
pacific, conciliatory measures. 

"Congress, as I observed in a former letter to you, have 
expressly prohibited these people from the exercise of any 
authority over you, and have enjoined a similar prohibition on 
us with respect of persons who dispute our jurisdiction. Tliis 
prohibition is not repealed by any subsequent act of Congress, 
and ought, therefore, to be observed by both parties, and you 
are sensible we have in every instance strictly observed the 
recommendation on our part, and should the usurped govern- 
ment of Vermont attempt to enforce their jurisdiction over 
you, by having recourse to compulsory, violent measures, your 
own prudence and virtue will dictate the mode and measure of 
opposition. The faith and honor of Congress while you conduct 
yourselves agreeable to their recommendation is concerned for 
your protection, and I now renew to you my assurances of every 
aid which may be in my power to afford you. Your interest 
and happiness are deeply concerned in the event of this contro- 
versy, and the success of it depends much on your zeal and pru- 
dence, on which I place great reliance."* 

On the return of the messenger, the views of Governor Clin- 
ton were disclosed to all the principal leaders of the opposition. 
Efforts were now made to concentrate the strength of those who 

* George Clinton Papers in K Y. State Lib., voL xvi. docs. 4679, 4680. 



438 HISTOKY OF EASTERN TEKMONT. [1782. 

were unfriendly to the jurisdiction of Vermont. Tlie "mode 
and measure " of the resistance wliicli was to be employed, had 
been left to the " prudence and virtue " of those who still con- 
tinued loyal to New York ; but so unpleasant had their situation 
become, that the few plans which they arranged partook more of 
the spirit of revenge, than of a desire to defend themselves from 
the further imposition of the taxes and decrees emanating from 
Vermont. They openly declared that they expected assistance 
from jSTew York, and that there would be " terrible times," 
should a force from the other side of the mountains be sent to 
oppose them. On one occasion, when they were assembled to 
consult upon the adoption of measures for defence, a proposition 
was made that a vote should be taken for the purpose of ascer- 
taining the number of those who were willing to " disannul all 
the authority of Vermont." This method of expressing a deter- 
mination so important not being deemed sufficiently demonstra- 
tive by those who were most violent in their antipathy to the 
new state, a pledge was substituted in place of the vote, and 
the majority of those present bound themselves to "oppose the 
state of Vermont even to blood." Some, who desired to render 
the pledge more binding, at the close of the meeting formed a 
ring on the green which fronted the building in which they had 
been assembled, and renewed and confirmed the pledge in a 
solemn and imposing manner. Aware that preparations were 
on foot to withstand any attempts that might be made to enforce 
the laws of Vermont, Ira Allen was sent to Brattleborough and 
Guilford on the litli of August, with directions to " observe the 
motions of the people " who were favorable to JSTew York, in 
order that Governor Chittenden might determine upon the 
proper time to carry into effect the act of the Legislature con- 
cerning conspiracies which had been passed with special refer- 
ence to the present condition of the southern section of Wind- 
ham county. Scarcely had he accomplished the object of his 
journey, when an event occurred which proved that the new 
government could not be too active in its intended operations. 

In a Justice's court in Windham county, organized by au- 
thority derived from the laws of Vermont, and held by John 
Bridgman, judgment had been rendered, on the 29th of July, 
against Timothy Church of Brattleborough, at the suit of Ger- 
shom Orvis. A writ of execution was accordingly issued on the 
Stli of August, and Jonathan Hunt, the high sheriif of the coun- 
ty by appointment of Vermont, was directed to levy on the 



1782.] THE MILITARY BKOUGHT INTO REQUISITION. 439 

goods of said Cliurcli, and in case of a deficiency to commit him 
to prison. Cliurch, being a Yorker, did not recognize the 
authority of Yermont and determined to resist it. On the 22d 
of August, the sheriif waited on Church and made his demand. 
Church refused to satisfy it, and declared that nothing shoukl 
be taken off his farm unless the sheriif should prove the "stouter'' 
man of the two. The sheriff ihen approached Church and 
claimed him as his prisoner. By this time, there had assembled 
at Church's dwelling a number of his friends, who had resolved 
that he should not be taken unless by a voluntary submission. 
When the sheriff endeavored with the help of some of his assist- 
ants to drag Church from the house, the latter resisted and 
plainly told the sheriff that he would not go. In the further 
exercise of his authority, the sheriff" commanded Joseph Cham- 
berlain, Joseph AYliipple, and Jonathan Church, to aid him. 
" He is not agomg to take Church, my word for it," said Cham- 
berlain to his companions, and, before the sheriff could secure 
his prisoner, tlie three Yorkers whom he had ordered to assist 
him, had blocked up the door- way and released Church from 
the grasp of the law. Content to await the time when the civil 
should be supported by the military arm, the sheriff and his 
assistants departed, not at all displeased that the resistance 
with which they had met, was to furnish them with a most po- 
tent argument in pursuing the course upon which the state 
had already determined. 

On the 21st of June, the time of the passage of the act for the 
" punishment of conspiracies," another act had been adopted, by 
which authority was given to the Governor as Captain-General, 
to direct any officer in the state to raise men, and employ them 
in assisting the sheriffs, in their respective counties, in the per- 
fornumce of their duties. By the same act, the Commissary- 
General was authorized to furnish the men so raised with the ne- 
cessary stores. Having been foiled in his attempts to enforce the 
laws of the state, the sheriff of "Windham county made applica- 
tion for a military force to support him. At a meeting of the 
Council, held on the 29th of August, his application Avas pre- 
sented, and a resolution was passed recommending to Governor 
Ohitteriden " to raise one hundred and fifty men as volunteers" 
within Col. Ebenezer Walbridge's regiment on the west side of 
the mountains for the purpose of aiding the civil authority of 
the state in Windham county. The Governor was also request- 
ed to place the volunteer troops, and all others which should be 



440 HISTORY OF EASTERN VERMONT. [1782. 

raised for this service, in the coiumand of Brig.-Geu. Ethan Al- 
len. On the 2d of September, the Governor, willing to employ 
efficient means to quell the insubordination of the Yorkers, em- 
powered Ethan Allen to raise two hundred and fifty men ; one hun- 
dred and fifty in Walbridge's regiment, and one hundred in the 
regiment commanded by Col. Ira Allen, and to march them into 
"Windham county, as a posse cormtatus for the assistance of the 
civil authority. Consultations were now held ; ammunition and 
provisions were collected ; the order of march was settled ; and 
messengers riding post, between Bennington and Brattlebo- 
rough, kept the friends of Vermont on both sides of the moun- 
tains informed as to the measures which were then in progress. 
Precautions were also taken that the plans of the Yermonters 
should be kept secret. Guards were placed on the several roads 
crossing the mountains, who detained all persons going east- 
ward with the exception of the messengers. So effective was 
this vigilance, that the Yorkers were only apprised by faint 
and uncertain rumors, of tlie events which were so soon to 
ha]3pen. 

A week had passed since Ethan Allen had been placed in 
command of the troops, and the preparations which he and his 
associates had been making were now completed. On the even- 
ing of Sunday the 8th of September, the various companies from 
the towns in Bennington and Rutland counties, began to collect 
at Bennington, which jjlace had l^een selected as a rendezvous 
for tlie troops. Portions of the regiments of Colonels Walbridge 
and Allen had volunteel-ed their services on behalf of the state, 
and although the force was not as large as that which Governor 
Chittenden had washed to raise, its appearance was in no mea- 
sure contemptible. Long before sunrise on Monday the 9th, the 
whole party numbering about two hundred men, mounted, and 
under the command of Ethan Allen, were under full march 
towards the seat of conflict. On reaching Marlborough, Ira 
AUen, with a force of twenty men, was dispatched to arrest 
Timothy Phelps who resided in that town, while the rest of the 
company pushed forward to engage in exploits of equal daring. 

Being a warm friend and hearty supporter of the jurisdiction 
of New York, Timothy Phelps had for a long time been regard' 
ed with especial hatred by the Vermonters. His late accept- 
ance of the office of high sheriff of Cumberland county had not 
tended to lessen this impression, and the violence of his temper 
had rendered him, in the opinion of liis opponents, as much an 



1TS2.] COL. WILLIAM WILLLV3IS. 441 

object of fear as of dislike. Already had one oflScer acting 
under Vermont experienced the unpleasant effects of his rage, 
and felt the force of his nerved and steady arm. The circum- 
stance was on this wise. One morning as Mr. Phelps, j^itch- 
fork in hand, was feeding his oxen, a constable with a few 
attendants appeared, made proclamation that he should distrain 
the oxen for taxes, and proceeded to drive them off. Deter- 
mined not to submit without a struggle, to a power which he 
scorned to recognize, Phelps placed himself before the oxen, 
anncd with his pitchfork, and ordered the constable to desist 
at his peril. To this command the constable paid no attention, 
but persisted in his attempt to take the cattle. Enraged at this 
conduct, Phelps raised his fork, and, swinging it with good 
effect, laid the officer senseless on the gi-ound. Seeing their 
leader fall, the assistants fled, while Phelps after securing his 
property went about his business, leaving the discomfited con- 
stable to depart at his leisure. 

Such was the man whom Ira Allen was now seeking to 
encounter. Desirous of availing himself of every means which 
would increase his chance of success, he determined to secure 
the co-operation of some of the residents of the town, and for 
this purpose waited on Col. William "Williams, and explained 
to him the cause of his visit. This gentleman, remarkable for 
manly beauty, elegance of form, and agreeableness of manners, 
was also distinguished for his bravery and enterprise, and had 
been more active and useful in the settlement of the town than 
any of his contemporaries. At the battle of Bennington, he had 
distinguished liimself at the head of his regiment, and was now 
an open and avowed supporter of the government of Yermont. 
His pleasant residence, built upon an eminence west of Mill 
brook, was in full view of the dwelling of Mr. Phelps, between 
whose family and his own, notwithstanding the difference in 
their political opinions, an intimacy existed which had not yet 
been embittered by jealousy or distrust. He was now called 
on as a citizen of the state to assist in the execution of its laws, 
and he could not consistently with loyalty or honor refuse to 
obey the summons. 

In accordance with her usual custom on this day, sacred to 
the rites of the wash-tub and the pounding barrel, Mrs. Phelps 
with three attendants, namely, a maid-servant, a little flaxen- 
haired alms-house boy about ten years of age, named Caleb 
Pond — who then, as in after life, manifested that prudence, 



442 HISTORY OF EASTERN VERMONT. [1782. 

keenness, artifice, and tact, which were the basis of his success 
in whatever work he engaged — and her son John, had repaired 
to a little arbor near the fording of Mill brook, for the purpose 
of " doing up the weekly washing." She had hardly got well 
into the suds when her attention was attracted by the tramp of 
feet, and looking up from her work she saw, splashing into the 
ford-way, more than forty armed men, (for the party had been 
doubled since it entered Marlborough) all mounted, with swords 
glittering in the sunlight, piloted and conducted — as she no- 
ticed with sorrow and surprise — by her old friend and neighbor 
Colonel Williams. As soon as they had reached the spot where 
she was stationed, with the spirit of a noble woman whose 
j)rivacy had been invaded, and with an air as undaunted as that 
of a hero, she stepped forward and said : " Colonel Williams, 
you grieve and amaze me. I had not expected such meanness 
and treachery from a friend like you." With these words, and 
without waiting to hear the apology which Williams was striv- 
ing to stammer out, she took her son by the hand, and having 
ordered her maid to run on, proceeded with quickened step 
towards her residence a quarter of a mile distant. Meantime 
the attentive little flaxen-haired youth, having, as if by instinct, 
snufted the object of this warlike movement, betook himself 
off with greyhound speed, in the same direction, but by another 
route. Favored by the cover of a grove of poplars, he suc- 
ceeded in reaching the house without attracting attention, and 
warned his master of the danger which threatened. 'No second 
intimation was needed, and in a few minutes Phelps had gained 
a place of concealment, as satisfactory to himself as it was diffi- 
cult of detection by his pursuers. 

Crestfallen and ashamed, Williams had disappeared by some 
obscure pathway, leaving Allen and his company to act as their 
own guides. Ai'riving at their destination, the gallant horse- 
men wheeled in great military display, and having ridden 
around the house two or three times, dismounted, forced the 
door, and went in. Mrs. Phelps, who with her son had ap- 
proached by a shorter route, entered her dwelling a few 
moments later, to find it filled by the soldiers whom she had 
encountered at the brook. " Cowardly miscreants ! " slie ex- 
claimed, as she glared upon them with a look of scornful con- 
tempt. A volley of angry eloquence followed this fierce begin- 
ning, and the downcast looks and uneasy movements of the Y>iirty 
showed but too plainly how poorly they were prepared to bear 



1782.] FIEM AJS[D PEUDENT CO:XDUCT OF MKS. PHELPS. 4.43 

tlie taunts of a justly enraged woman. Many of tliem were 
gentlemen of true spirit, yet on this novel occasion, generous 
and gallant thougli tliey miglit be, tliey were perplexed to know 
liow to act. Wishing to end their unpleasant task as speedily 
as possible, they desired Mrs. Phelps to conduct them to her 
husband. Her reply was a refusal to gratify their wishes, and 
a defiance of their power. Enraged at tlieir persistence in 
searching and inquiring for Mr. Phelps, his loyal wife endea- 
vored to drive them from the house. Armed with a large 
kitchen fire-shovel, she warned them to leave, in a firm though 
stormy and indignant manner. "With her little boy at her apron 
strings, she pursued her unwelcome visitoi's not only with fierce 
looks, but with quickened steps and threatening gestures. At 
one time one might have seen them dodging into a corner, as if 
to escape an impending blow ; at another, endeavoring to pro- 
voke a laugh by some affected attempt at wit. But such a 
scene could not long continue. Her opponents were men whose 
lessons in the school of humanity had not tended to make them 
proficients in the employment in which they were now engaged, 
or taught them to make war on a defenceless woman, or ruth- 
lessly break the door of her private chamber. The affair had 
by degrees assumed a farcical aspect. A smile was seen on this 
face and a smile on that. Pleasant expressions of countenance 
multijjlied in all directions. A laugh followed — a general laugh, 
in which not only the brave soldiers, but the heroic woman and 
her little boy all joined. Good feehng was restored, and then 
the party were told by Mrs. Phelps in a solemn manner, that 
her husband was not in the house. Satisfied with this state- 
ment, which was true, they apologized for the conduct whicli 
they had been obliged to exhibit, and departed with words of 
courtesy and respect. 

Although Phelps had escaped the present danger, through 
the interference of his wife, yet his prudence did not avail to 
protect him from the search of his pursuers. Whether a guard 
was set to watch for his appearance, or whether, as is most 
likely, he chose to suffer with his friends, and with this design 
sliowed himself in public, does not plainly appear. Before the 
day had closed he was a prisoner in the hands of the Vermont- 
ers. The circumstances of his capture rest j)artly on tradition. 
As Ethan Allen approached him, Phelps in a loud voice 
announced himself as the high sheriff of Cumberland county, 
bade Allen go about his business, denounced his conduct and 



4M HISTORY OF EASTERN YEEMONT. [1782. 

that of his men as riotous, and ordered the military to disperse. 
"With his usual roughness, Allen knocked the hat from the head 
of the doughty sheriff, ordered his attendants to " take the d — d 
rascal off," and galloped away to superintend the operations of 
other portions of his forces. 

Since morning the strength of the Yermonters had been con- 
siderably augmented by the mihtia of Windham county. Cap- 
tain Warren of Marlborough had brought twenty-seven men 
into service ; Captain Duncan of Dummerston eighty-three ; 
Captain Wheeler of Wilmington forty-six ; Lieutenant Moor of 
Cumberland twenty ; and another officer twenty. By these 
additions from the brigade of Brig.-Gen. Samuel Fletcher, who 
commanded in person, and who was supported by Col. Stephen 
K. Bradley, Lieut.-Col, Charles Kathan, and Adj. Elkanah Day, 
the Yermonters were able to present a force of four hmidred 
men, ready to act as should best serve the purposes and welfare 
of the state. Detachments had been sent into the towns of Brat- 
tleborough, Halifax, and Guilford. In the latter place, Ethan 
Allen towards the close of the day awaited the arrival of prisoners 
from the neighboring towns. Col. Walbridge, who, with a party 
of men, had been sent into Halifax, succeeded in arresting Maj. 
William Shattuck, Capt. Thomas Baker, and Ensign David Lamb, 
three of the leading Yorkers in that town, and conducted them 
under a strong guard to head-quarters. In Guilford, Maj . Henry 
Evans and a number of others were taken, and although resist- 
ance was offered, yet the Yermonters were not only too nume- 
rous, but were also too free in the use of powder and ball to be 
overcome by their surprised and unarmed opponents. 

In the evening, with the view of reaching Brattleborough 
that night, Ethan Allen, with his troops and prisoners, left Guil- 
ford. Meantime the Guilfordites had assembled, with a deter- 
mination to defend their lives and property, and to the number 
of forty-six had stationed themselves by the side of the road over 
which the Yermonters were to pass. As the latter came in 
sight, they were received by a volley from which they were glad 
to retire with all the speed which they could command from 
their jaded horses. Having reached a place of security, a con- 
sultation was held, and propositions of a savage nature were 
discussed during the half hour they were in conclave. Some 
demanded of their leader that a prisoner should be sacrificed for 
each one of his men who should be killed by the Yorkers, Mdiile 
others advocated the observance of the common rules of wai'- 



1782.] DOINGS OF ETHAN ALLEN. 445 

fare. Aware of the power of his presence, and of the terror which 
he was able to inspire in others, Allen again placed himself at 
the head of his men, and having ordered that mercy should be 
shown to no one who should offer resistance, returned on foot to 
Guilford. He advanced without molestation, and on reaching 
the town made proclamation to the people in these words : — 
" I, Ethan Allen, do declare that I will give no quarter to the 
man, woman, or child who shall oppose me, and unless the 
inhabitants of Guilford peacefully submit to the authority of 
Vermont, I swear that I will lay it as desolate as Sodom and 
Gomorrah, by God." "Words like these uttered by one whose 
name was a terror, and supported by men enraged and resolute, 
could not be disregarded with impunity. No sooner did the 
attack begin than the terrified Guilfordites fled in the utmost 
confusion, leaving behind them neither the dead, the dying, 
nor the wounded — leaving nothing but the remembrance of 
their presence and the prints of their retreatmg footsteps. Allen 
and his detachment, satisfied with their victory, were allowed 
to make their journey to Brattleborough without further moles- 
tation. 

On reaching this place, the party was augmented by the de- 
tachments which had been sent in pursuit of oftenders, and by 
a number of prisoners. Among the latter was Timothy Church, 
Lieut.-Colonel Commandant by appointment of Governor Clin- 
ton, of the militia in Cumberland county. On the lOtli, the 
prisoners set out under a strong guard for "Westminster. To 
ensure protection to his men, general orders were given by 
Ethan Allen to kill without quarter any person who should fire 
upon the troops ; and the greatest precaution was taken to pre- 
vent a rescue on the part of the Yorkers. As soon as the irrup- 
tion of Allen and his troops became known, many of the mili- 
tary companies in the county immediately marched to his aid, 
and placed themselves at his service. The militia of the west 
parish of "Westminster, though regularly organized, were for 
some time in doubt as to the course they ought to take. True 
to the cause of Vermont, they were still unwilling to assist in 
disturbing their neighbors, who differed from them on the 
question of jurisdiction. But on the morning of Tuesday the 
10th, although their captain. Deacon Ephraim Ranney, refused 
to lead them, the}'^ concluded to wait on Gen. Allen, and with 
this intention were advancing towards Brattleborough, wlien, 
on the " edge of Dummerston" they met hiui and his forces. 



446 HISTORY OF EASTERN VERMONT. [1782. 

Turning about tliey joined liis retinue and accompanied liim to 
Westminster where the prisoners, twenty in number, were lodg- 
ed in the jail which was guarded by a strong force. 

Though deprived of their liberty, the captives were not 
resti-ained in the use of the tongue. Phelps declared, that as 
sheriff of Cumberland county he had a right to command the 
jail, Init the assertion had no perceptible eftect, either on Jona- 
than Hunt the sherilf of Windliam county or on George Foot 
the jailer. " You have used us well," said Church to the guards, 
" and I expect soon to have you confined, and I will treat you 
likewise. To-morrow morning, by nine or ten o'clock, you shall 
be here in our stead, and we will be walking about." Evans 
entertained the same opinion ; and they all announced with con- 
fidence the sj)eedy ai-rival of a force from ISTew York w^hich 
would release them from prison, and punish the mob for their 
insolent and seditious behavior. 

But their predictions, with whatever sincerity they might 
have been uttered, were not to be fulfilled. On the 11th, a 
special term of the Superior court was commenced at West- 
minster. Tlie bench was occu]3ied by Moses Robinson, the 
chief judge, and by Dr. Jonas Fay, John Fassett, and Paul 
Spooner, side judges. Stephen Row Bradley ajDpeared as 
the state's attorney, and William Gould as clerk. A grand 
jury was drawn of which William Simonds was foreman, 
and the court was declared duly organized. In the means 
Avhich had been employed to arrest the obnoxious Yorkers, lit- 
tle attention had been paid to legal forms, and the civil had 
been almost wholly sujDerseded by the military arm. For this 
reason great care was now taken that all omissions should be 
supplied, lest the disregard of laws and statutes which had been 
manifested should be quoted as a precedent on some future 
occasion. The principal ofienders were first brought to trial. 
The presentment made by the grand jury, contained charges 
against Timothy Church, William Shattuck, Henry Evans, Ti- 
mothy Phelps and Charles Pheli^s. In the quaint, but emphatic 
language of the old forms, " not having God before their eyes, 
but being moved and seduced by the instigation of the Devil," 
it was asserted that, on the 1st of August preceding, at Guilford, 
and on other occasions, both before and after that time, they 
did " with force and arms treacherously and perfidiously con- 
spire an invasion, insurrection, and public rebellion against this 
state, by their treacherously assembling together, consulting and 



1782.] TRIAL OF THE YORKERS. 447 

advising together of the means to destroy the constitution of this 
state, and subvert the freedom and independence of the go- 
vernment thereof." It was also charged, that in order to accom- 
phsh these ends, and to bring the government into the hands of 
the people of the state of New York, they had written letters 
and sent messengers to Governor George Clinton, calculated to 
incite him to invade the state of Vermont ; and that they had 
often met for the purj)ose of imprisoning the freemen of the 
state, and withstanding its lawful authority. Strenuous efforts 
had been made to arrest Charles Phelps, whose name was 
included in this indictment, but he had succeeded in eluding 
the vigilance of the militia. All the others against whom 
charges were found were called to the bar, and being put to 
plead, pleaded not guilty, and for trial " threw themselves on 
the country." A jury was accordingly empanelled and the 
trial began. 

In support of the charges alleged, fifteen witnesses appeared 
who testified to the seditious behavior of the accused both in word 
and act, on many occasions during the preceding six months. 
It was shown that Church had refused to submit to an execu- 
tion which had been levied upon his property (or, in case this 
could not be seized upon, himself), and, that he, with the aid of 
his friends, had resisted and repulsed the sheriff when he 
endeavored to arrest him ; that he had received the civil and 
military commission papers which had been sent from New 
York, and had distributed them as directed; that he had 
always been at the committee meetings of the Yoi'kers, and had 
encouraged the people to opposition by asserting that Gov. 
Clinton had engaged to send an armed force into the county, 
and by adding his opinion that the Governor would be as good 
as his word. But it also appeared that he had distrusted the 
issue of the cause in which he was engaged, for he had once 
stated that if the Yorkers could not carry their points, he would 
submit to the government of Vermont. It was proved that 
Shattuck, when starting for New York early in the summer, 
had boasted that he should obtain assistance from government, 
and would " drive the matter warmly " when he returned ; that 
he had counselled the people to continue their opposition to 
Yermont; had declared that he would do all that he could 
both in public and private to oppose the state ; and had verified 
this declaration by his acts. The testimony concerning Evans 
showed that he had often avowed his determination to with- 



44S HISTORY OF EASTERN VERMONT. [1782. 

stand the jurisdiction of Yermont even " unto blood," and to 
use his own words, had declared his readiness " to try it on " 
whenever the Yermonters should see fit to fight ; that he had 
resisted Yermont constables ; had assisted in rescuing propert}'' 
that had been lawfully seized by the sheriff ; and had expressed 
his hatred of the new state and its ofiicers in the most violent 
and seditious terms. Evidence was also adduced, proving that 
Timothy Phelps, in the capacity of high sheriff of Cumberland 
county by appointment of ISTew York, had often said that he 
would execute warrants " at the risk of his life ;" that he had 
even endeavored to seize a Yermont constable, and had in one 
instance arrested a man, conveyed him to his (Phelps's) house, and 
there ke^Dt him under guard until he was retaken by his friends. 
Such was the nature of the testimony introduced by the pro- 
secuting attorney. It does not appear that any attempt was 
made by the defendants to disprove the statements of the 
opposing witnesses, and in this condition the cases were left 
with the jury. By their verdict the delinquents were found 
"guilty of the facts charged in the indictment." The court 
therefore gave judgment "that Timothy Church, William 
Shattuck, Henry Evans and Timothy Phelps be each of them 
taken from the bar of this court back to the common gaol of 
this county, there to remain in close imprisonment until the 
4th day of October next ; and that they be then taken by the 
sheriff of the said county from the said common gaol and car- 
ried without the limits of this state ; and that they be then and 
there forever banished from this state, not to return thereto 
on penalty of death ; and that all their goods, chattels, and 
estates be condemned, seized and sold, as forfeited to the use of 
this state." The first part of this sentence was immediately 
carried into execution, and the prisoner were confined in the 
jail rooms on the lower floor in the north part of the building in 
which the court were convened. Attachments were also issued, 
and ofiicers were dispatched to take the property of the crimi- 
nals. Of the effects of Shattuck, a constable made return that 
he had attached " about eighty acres of land in Halifax, with 
the buildings thereon standing ; about ten tons of hay ; a small 
quantity of rye in sheaf ; a considerable quantity of flax spread 
on the ground ; and about two or three acres of Indian corn 
standing on the ground." In the words of Timothy Phelps, 
" all his goods were sold, except his wife's apparel, the beds, 
and one cow." The estates of the others were taken in like 



1782.] PROCEEDINGS AGAINST CHARLES PHELPS. 449 

manner, and tlie proceeds of the sales wliicli followed, were 
appropriated to the use of tlie state. 

Although Ethan Allen and his men had failed in their attempt 
to arrest Charles Phelps, another effort, instigated by the state's 
attorney, was made to take him. In the complaint presented 
to the com*t in this case, charges similar to those which had 
been brought against the other offenders were preferred. In 
addition to these it was stated that Phelps had brought into the 
state of Vermont, " a seditious libel, tending to stir up a public 
rebellion ;" that he had written, printed, and published abroad, 
" a seditious libel, with a manifest intent, wittingly and design- 
edly to raise an insurrection and public rebellion" against the 
state; and that there was the highest reason to believe that 
there were in his possession " a number of books, writings, and 
manuscripts," whose tendency was to weaken and destroy the 
government and constitution as established. A warrant for his 
arrest, and for the seizure of his books, was accordingly issued. 
The search for Phelps was unsuccessful, but his books and 
manuscripts were seized, and having been brought into court 
were retained as confiscated to the state. Such of them as 
were obnoxious were probably destroyed or concealed, and the 
remainder were sold under the hammer.* 

On the 12th a number of the other delinquents were brought to 
trial. Complaint was made against Joseph Chamberlain, 
Joseph Whipple, and Jonathan Church, who, on the 22d of 
August previous, had rescued Timothy Church from the hands 
of the sheriff as has already been related. Chamberlain was 
adjudged guilty of participating in this act, and was sentenced 

* The library of Charles Phelps, was, it is supposed, the most valuable in the 
state of Vermont, at the period to which allusion is made. The sale of this col- 
lection, enriched many a previously scantily-supplied shelf. Even now the old 
volumes of this uncompromising Yorker, are to be found scattered here and there 
in the farm houses of the descendants of those who bought them in those troublous 
times. Among the works seized by the sheriff, were a number belonging to Mr 
Phelps's son, Solomon. By a special order of the court granted at the session in 
February 1783, it appears that "Salkeld's Reports, 1 vol., Milton's Paradise Lost, 
Telemachus, 2 vols.. Lord Bacon's Essays, and such other books as the said Solo- 
mon Phelps's name is inserted in," were restored to that gentleman. This dis- 
position to make restitution did not long continue. By an entry in the Journals 
of the Assembly of Vermont under date of the 14th of October, 1783, it appears 
that " the petition of Solomon Phelps representing that a number of his books, 
seized by order of the Supreme court, are in the possession of Stephen R. Bradley, 
Esq., and praying an order of this House for the restoration thereof," was read, 
and dismissed by a resolution. 

29 



450 HISTORY OF EASTERN VERMONT. [1TS2. 

to pay a fine of £20, also the costs of prosecution, and to stand 
committed until judgment should be complied with. Of those 
who had been engaged at Guilford on the 10th of May pre- 
ceding, in rescuing a cow which had been taken on execution 
by deputy sheriff Barzillai Rice, Joseph Peck who acted as a 
ringleader on that occasion, was declared guilty of the charges 
preferred against him, and was mulcted in the sum of £30 and 
costs. Asaph Carpenter, Edward Carpenter, and Shubael Bul- 
lock who had assisted in the rescue, were fined £20 and costs. 
Stephen Chase who pleaded guilty to the same charge, was 
released on giving bail to the amount of £30, to be forfeited in 
case he should leave town without the order of the court. On 
the following week he was fined £4 and costs.* A present- 
ment was then made by the grand jury charging that Joseph 
Peck, " on the 1st day of July last past, not being a continental 
officer, did accept and hold a commission, not derived from the 
authority of the people of this state, to wit, a commission of 
captain of part of the militia of Guilford, under the authority 
of the people of the state of ISTew York, contrary to the form 
of the statute in such case made and provided, and against the 
peace and dignity of the freemen of the state of Vermont." 
The charge was not, however, sustained. Peck was declared 
not guilty, but was obliged to discharge the costs of j)rosecution. 
This failure to prove the accusation, arose from an error in the 
indictment. It was charged that he held a captaincy under 
New York, " on or about the 1st day of July last past." His 
commission, on the contrar}^, bore date the 24th of July, and he 
did not receive it until the beginning of August. Twenty other 
persons were presented by the grand jury as holding commis- 
sions derived from New York, but as many of them had not 
been arrested, it was thought best to delay the prosecution, and 
the cases were for the present reserved. 

The circumstance and result of the irruption of the Yermont- 
ers, were early made known to the border residents of New 
Hampshire and Massachusetts, and were accompanied with 
earnest and oft-repeated applications from the Yorkers for 
assistance. Some of the inliabitants of Massachusetts were dis- 
posed to grant the desired aid, and letters and messengers were 
dispatched in various directions to ascertain the opinions of 



* In answer to an application made by Chase, the fine was remitted by a reso- 
lution of the Council of Vermont, passed June 8th, 1785. 



17S2.] NOISY BOASTFULNESS OF ETH^\JSr ALLEN. 451 

those with whom rested the poM^er of deciding upon the pro- 
priety of interference. One officer wrote to another in these 
words : — " I recommend it to jonr wise and prndent considera- 
tion, if it be not our duty to recommend it to our officers and 
soldiers to ride up, armed well, to Guilford where thej are 
committing those war hostilities." Tlien, referring to the 
Yorkers, he added : — " You and I are, with all the United States, 
bound bv the confederacy to protect them from all such vio- 
lence." But a sentiment adverse to interference prevailed, 
and Vermont and New York, occupying now a position clearly 
antagonistic, were left to pm'sue the course which strength or 
policy might dictate. 

Flushed with success, Ethan Allen was unable to restrain his 
blatant boasting and vulgar oaths. Against Clinton, in particu- 
lar, did his wordy rage vent itself in torrents of abuse. " Had 
I but the orders,'" said he, " I could go to Albany and be head 
monarch in three weeks, and I have a good mind to do it." In 
an interview which he held with Shattuck, he endeavored to 
persuade him to renounce his allegiance to New York, and 
unite with Vermont ; assured him that Congress had no right 
to pass any resolutions respecting Vermont ; and employed a 
variety of arguments to show that Congress were in reality 
willing that Vermont should be a separate state. This latter 
argument was also made use of by the state's attorney. " You 
are deceived by Congress," said he to the prisouers ; " you have 
placed your de^^endence upon the hope of obtaining from them 
a decisive resolution favorable to your desires, and have been 
duped." 

The remainder of the session was occupied in disposing of 
such minor matters as required immediate attention. Knowing 
that the arrest of many of those who had been charged with 
seditious behavior would be attended with, great difficulty, the 
court chose to pursue towards them a method more stringent 
even than that which had been already adopted. By a stretch 
of power they resolved on the 13th, to seize and confiscate the 
estates of the Yorkers against whom they held warrants but 
whose persons they could not find. To enforce this resolution, 
Ethan Allen determined to make a new levy, and requested 
Gen. Fletcher to raise in his brigade " two hundred able, effect- 
ive men, equipt for war to assist the civil authority in carrying 
into execution" the laws of the state. Of this number, Fletcher 
desired Col. Stephen R. Bradley to raise in his regiment one 



452 HISTORY OF EASTERN VERMONT. [1TS2. 

half, either " by draft or volunteers ;" to supply them with 
three days' provisions ; and march them " so as to rendezvous at 
Landlord Arms's in Brattleborough on Monday evening next in 
order to advance to Guilford on Tuesday morning." 

Aided by & posse comitatus of such power, the sheriif and his 
assistants experienced but little difficulty, and no opposition, in 
performing the task assigned them. The result of their foray 
was entirely successful. The terrified Yorkers fearing Ethan 
Allen " more than the devil" as some of them declared, fled 
from their farms and dwellings at his approach, leaving every- 
thing at the mercy of their opponents. Upon these deserted 
premises the Yermonters entered, taking in the name of the 
state whatever they desired. They drove ofi" one hundred and 
fifty head of cattle besides sheep and hogs unnumbered. They 
took possession of barns well filled with produce, thrashed out 
the grain and carried it away. They left warrants for those 
whose property they had despoiled, but whose persons they had 
not yet taken, and infonned them by message that they would 
be bound for trial or committed to jail should they be once ar- 
rested. On Saturday, the 14th, the court adjourned sine die, 
and the prisoners who had not yet been brought to trial, and 
who had been taken since the session began, numbering thirteen 
in all, were subsequently marched to Marlborough there to await 
the further order of their captors. 

In order to satisfy the demands of justice, another special ses- 
sion of the court was commenced at Marlborough, on Tuesday, 
the lYth. On this occasion the indictments were drawn with 
care, and no difficulty was experienced in obtaining a conviction. 
Hezekiah Broad, Daniel Lynd, Joshua Lynd, and Samuel Me- 
lendy, all of Guilford, pleaded guilty to the charge of having 
been engaged in rescuing a cow from the ha^ds of the deputy 
sheriff on the 10th of May previous. Broad was fined £12 ; 
Daniel Lynd, £4 ; and Melendy £3. Each was required to dis- 
charge the costs of his suit, and to enter into a recognizance to 
the amount of £50 " to be of good behavior towards all the good 
and liege subjects of this state, till the 1st day of February, 
A. D. 1783." Joshua Lynd was mulcted in the sum of £2 and 
costs. Tliomas Baker confessed to the acceptance from the 
state of ISTew York, of a captaincy in the militia company of 
Halifax ; David Lamb to the acceptance of an ensigncy in the 
same organization ; Simeon Ferrel and Isaac Weld to the ac- 
ceptance, the one of an ensigncy and the other of a lieutenancy 



17S2,] FURTHER PROCEEDINGS AGAINST YORKERS. 453 

in the Guilford militia ; and John Alexander to the acceptance 
of a lieutenant's commission in one of the companies of Brattle- 
borongh. Baker's fine and costs were fixed at £7 15-s. Qd. '■, 
those of Lamb, at £7. Weld was fined £2 10s. and costs. Fer- 
rel* and Alexander were mulcted the one in the sum of £2, and 
the other in the sum of £20 ; both were charged with costs and 
were required to enter into a recognizance of £50 each, to be 
forfeited in case they should not act with propriety during the 
next four months and a half. Joseph Coleman and Eleazer 
Church charged with disobedience to the laws of the state, gave 
bonds for their good behavior and were acquitted without fine. 
On the 19th, the last day of the session, Samuel Ely of Con- 
way, in the county of Hampshire, Massachusetts, but lately a 
resident in the town of Wilmington, Vermont, was brought to the 
bar for trial. A bold, but rash and impetuous man, he had 
served in the battle of Bennington as a volunteer, and being 
connected with no company or regiment had fought without 
the advice or direction of any person. He had been court-mar- 
tialed after the action on account of his singular conduct in 
retaining a large amount of valuable ]3lunder, but had been 
honorably discharged on proof that he had taken only such arti- 
cles as he had won in his OAvn independent method of warfare. 
Since that period his restlessness had engaged him in many scenes 
of an unpleasant nature, and had finally resulted in his arrest 
under the laws of Yermont. In the presentment of the state's 
attorney, it was charged that the prisoner, " not having God 
before his eyes, but being moved and seduced by the instigation 
of the Devil ; and little regarding the laws of this state or the 
penalties in the same contained ; and being a pernicious and 
seditious man, and a person of depraved, impious and disquiet 
mind, and of a seditious disposition and conversation ; and con- 
triving, practising, and falsely, maliciously, turbulently, and sedi- 
tiously intending the peace and common tranquillity of the free- 
men of the state of Yermont to disquiet, molest, and disturb ; 
and to bring his Excellency, Tliomas Chittenden, Esq., Gover- 
nor of said state, the Honorable Council and House of Represen- 
tatives (being the general supreme court of justice in the afore- 

* At the conclusion of the trial, Weld took the oath of allegiance to Vermont 
in open court. By an entry in the Council records of the state, dated Westmin- 
ster, October 18th, 1783, and signed by Lot Hall, seeretary^ro tempore, it appears 
that the fines of Weld and Ferrel were remitted on that occasion, upon the plea 
of Thomas Cutler. 



454 HISTOKT OF EASTERN YEEMONT. [1782. 

said state of Yermont,) and the proceedings of tlie same iuto 
great hatred, contempt and scandal with all the good and faith- 
ful subjects of this state; and the magistrates, judges and jus- 
tices within said state, and the generals, colonels, captains and 
other military officers of this state to scandalize, villify and 
bring into contempt" — in the presentment it was charged that 
the prisoner influenced bj these unworthy motives, and in order 
" his most wicked contrivances, practices, and intentions afore- 
said to compleat, perfect and render effectual," did on the 10th 
of July preceding, and at other times, " say, assert, affirm and 
pronounce, and with a loud voice did declare these false, maU- 
cious, seditious and opprobrious English words following, that is 
to say : — ' The state of Vermont is a damned state, and the act 
for the purpose of raising ten shillings upon every hundred acres 
of land is a cursed act, and they that made it are a cursed body 
of men.' " It was also asserted that " in further prosecution of 
his malice" he did publicly declare "that the general or 
supreme court aforesaid were a pack of villains, and that if no 
other person would undertake to overturn or destroy the govern- 
ment of Yermont, he, the said Ely, would do it, and he had got 
that in his pocket which would overset them." In addition to 
these charges it was alleged that he did " damn the state of 
Yermont and all its officers, and did curse the laws of the same 
as passed by the General Assembly thereof." Such were the 
accusations which the redoubtable Ely was called upon to con- 
front. 

"Witnesses from Wilmington testified to the truth of the 
charges, and the jury announced to the court through their 
foreman Jonathan Underwood, their decision that the prisoner 
was guilty of a breach of an act of the state, entitled " An act 
for the punishment of defamation." In conformity with the 
choice vested in the court to punish defamers by fine, imprison- 
ment, disfranchisement or banishment, according to the nature 
of the offence, Ely was ordered to be taken to the guard house 
in Marlborough ; thence, on the morrow to be conveyed to the 
limits of the state ; to be then banished and forbidden to return 
until eighteen months from date should have expired, on 
penalty of being imprisoned the same length of time. 

With this trial ended the first resolute attempt of the govern- 
ment of Yermont to enforce obedience to the laws of the state 
by the civil and military arm combined. The proceedings 
attendant upon this manifestation, were, in some instances, 



1782.] UNNECESSAKY SEVEPJTY. 455 

umiecessarilj severe and cruel. Many of the prisoners during 
tlieir confinement at Westminster and Marlborough, suifered 
severely from want of food and other necessaries. Two of them, 
during eleven days' imprisonment, were aUowed but four meals 
of victuals by their guards. Ethan Allen himself acknowledged, 
that the method which had been pursued by him was " a 
savage way to sujDport government." At the same time he 
declared that he could not have carried his point in any other 
manner. Satisfied with the policy that had induced these acts, 
he and his friends exchanged congratulations at the part they 
had taken in the Guilford war, and made known their determi- 
nation to present to Congress a full report of their doings.* 

* MS. Records of Superior court of Vt, Sept., 1782. MS. Depositions. Laws 
of Vt. Yarioufl MS. Testimony, Letters, Affidavits, etc. Thompson's Gazetteer, p. 
143. 



CHAPTER XVII. 



ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS. 

Charles Phelps and Joel Bigelow repair to Pouglikeepsie — Public and private letters 
of Gov. Clinton to the New York delegates in Congress — Clinton to Bigelow — 
New York delegates to Clinton — Depositions of Yorkei-s — C. Phelps proceeds 
to Philadelphia — Church, Shattuck, Evans, and T. Phelps — Statement of 
grievances by the New York adherents — Shattuck and Evans with Gov. 
Clinton — C. Phelps before Congress — Shattuck and Evans visit Philadelphia — 
Action of Congress — Persistence of C- Phelps — Congressional resolves — Desti- 
tution of Shattuck, Evans, and C. Phelps — Resolutions of the 5th of December 
— Further action of Congress — Gov. Clinton to the convention of committees — 
Strife between the Yorkers and Vermonters — Proposal for a temporary settle- 
ment of difficulties — John Bridgman taken, and released on parole — Governor 
Chittenden's letter about the Yorkers — Report that Col. Church was to be 
hanged — Effect of the resolves of the 5th of December — Correspondence 
between the Yorkers and Gov. Clinton — Letter from Governor Chittenden to 
the President of Congress — Remonstrance of the General Assembly of Vermont 
to Congress. 

On the lltli of September, the day on which the trials of the 
prisoners taken by Ethan Allen commenced at Westminster, 
a number of the citizens of New York, in Cumberland county 
constituted Charles Phelps their agent to visit Governor Clin- 
ton, to repair to Congress, and to act for them in matters j)er- 
taining to the controversy, " as he in his prudence and discre- 
tion," should think proper. Knowing that a warrant had 
been issued for his arrest, and that the militia were endeavoring 
to take him, Phelps strove to avoid their vigilance and ulti- 
mately succeeded. Though desirous of visiting his family 
before proceeding on his mission, he was obliged to leave with- 
out seeing them. While on the road and before he had left 
the state, he was pursued by eight or ten men for several 
miles, but fortunately escaped. Having obtained a supply of 
clothing from his friends in Hadley, he made the best of his 
way to Poughkeepsie. On the same day Joel Bigelow, of 



17S2.] ADVICE OF CLrNTON. 457 

Guilford, left for the same place, for the pur}30se of acquainting 
Governor Clinton with the late proceedings. Travelling with 
greater expedition than Phelps, he reached Dutchess county 
before him, and, on the 15th of September, made a deposition 
before Justice Melancton Smith, concerning the conduct of 
the Yermonters, and the manner in which they had been 
received by the Yorkers. Tliis deposition was immediately 
transmitted to the delegates in Congress from New York, with 
a request that it might be communicated to Congress as soon 
as possible, inasmuch as it clearly evinced the necessity of a 
speedy determination of the boundary dispute, or at least of an 
interference which should preserve the public peace until the 
controversy could be finally decided.* 

In a letter dated the 16th of September, and accompanying 
the deposition. Governor Clinton announced it as a fact, " un- 
deniably true," that the government of New York and its 
subjects on the " Grants," had strictly adhered to the recom- 
mendation of Congress " in abstaining from the exercise of any 
authority over persons professing subjection to the pretended 
state of Yermont." He detailed the advice which he was 
about to transmit to his oppressed fellow-citizens in Cumber- 
land county ; referred in a pointed manner to what he deemed 
the duty of Congress ; and concluded in these words : — " From 
the spirit and determination of the inhabitants of several towns 
on the east side of the mountains who have resolved to experience 
every inconvenience rather than swerve from their duty and 
allegiance to the state [of New York], imtil Congress declares 
the ' Grants' not to be comprehended within our boundaries, I 
am induced to believe this [outrage] will lead to more serious 
consequences for which, however, I do not consider either the 
state or myself responsible." In a supplementary note of a 
private nature, the Governor requested the delegates, " without 
mentioning this intimation," to read his communication 
publicly in Congress when the deposition should be introduced. 
" In a letter to you," he observed in explanation, " I can use a 
freedom which in an address immediately to Congress might be 
conceived rather derogatory to their dignity .... I feel the 
honor of the state and myself hurt, that my repeated applica- 
tions to them for a decision of the controversy have been not 
only ineffectual but even unnoticed. You are fully sensible of 

* MS. Commission and Deposition. 



458 HISTORY OF EASTEEN VERMONT. [1Y82. 

inj situation, and of the condition of the state to assert its 
rights, and I flatter myself you feel for our unfortunate fellow- 
citizens who are thus exposed to outrage and injury. I have, 
therefore, only to add an earnest request, to use every means 
for inducing Congress to attend to this very important business. 
Tlie unfortunate people who are now made prisoners by the in- 
surgents, having in every instance religiously adhered to the 
recommendation of Congress, conceive they have a just claim 
to their protection, and consequently look up to them for a 
speedy and effectual interposition for their relief."* 

Having dispatched the letters and deposition to Philadelphia, 
Governor Clinton placed in the hands of Mr. Bigelow a com- 
munication directed to him, and intended for the perusal of the 
unfortunate sufferers by the " late outrage." The advice which 
he gave was well in keeping with the character of the man. 
" I would as heretofore," said he, " recommend to om* friends, 
still to persevere in the Line of conduct pointed out by the 
resolve of Congress, in abstaining from all acts of force or 
violence except when their immediate self-defence shall compel 
them to have recourse to resistance by arms. At the same 
time, should the government of the pretended state continue 
to hold the prisoners in confinement, I would then think it 
justifiable and advisable that attempts should be made for their 
release ; and if this cannot be effected, then that an equal 
number of the insurgents should be taken and brought to thisf 
or any other place of security in the state, where they can be 
detained as hostages for the security and indemnity of the sub- 
jects of this state whom they have made prisoners of.":}: 

Tlie dispatches of Governor Clinton having been received at 
Philadelphia on the 20th, an attempt was made by the New 
York delegates to read them in Congress without delay, but a 
pressure of business of greater importance rendered this course 
impracticable. Tlie person by whom the papers had been sent 
being apprehensive that his poverty would not permit him to 
tarry long in Philadelphia, left without the information of 
which Clinton had hoped he would be the bearer. Assurances 
were however conveyed to the Governor of the interest which 
others beside himself felt in the result of the late occurrences. 

* George Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4761, 4762. 
\ Poughkeepsie. 

\ Doe. Hist. N. Y., iv. 1012, 1013. Papers relating to Vt. Controversy, in office 
Sec. State N. Y., p. 41. 



1782.] BIXBy's COaiMUNICATION TO GOV. CLmTON. 459 

" This new and unexpected violence," wrote the delegates, 
" offered in direct opposition to the recommendations of Con- 
gress to those peaceable citizens who have always strictly ad- 
hered to the same, and the dangerous consequences which may 
ensue from such evil examples, will, we trust, induce Congress 
immediately to interpose and exert their authority for the relief 
and protection of those unhappy people, our fellow-citizens, now 
made prisoners by a lawless power. Tour Excellency may 
rest assured that we shall exert ourselves to the utmost for their 
relief, and that measures may be adopted for the future protec- 
tion of the adherents to our state who reside in that district of 
country."* 

In order that Governor Clinton might be fully informed of 
the conduct of the Yermonters, the depositions of Thomas Baker 
and David Lamb, two of the suiferers by the " late outrage," 
were sent to him by Samuel Bixby, the clerk of the 'New 
York convention of committees. In an accompanying communi- 
cation, dated the 22d, Bixby stated that the sentence which the 
prisoners had received was contrary to the laws of Yermont, as 
they were not taken under arms, which was the only condition 
on which their conduct was to be adjudged criminal. On this 
point, however, he was at fault, for the particular act under 
which they were arrested, denounced punishment against any 
one who should conspire against the liberty of the state, 
whether with arms or otherwise. He also referred to the 
illegality of the proceedings, whereby the same tribunal had held 
and swayed both the legislative and the executive power. And 
in this particular his remark was just, for it was by order of 
the court, and not by legislative enactment, that the officei-s 
were empowered to seize the property of those against whom 
charges had been preferred, when it was ascertained that their 
persons could not be secured. The reply of 'the New York 
delegates, a part of which has been already recited, was received 
by Governor Clinton on the 27th, and the information which it 
contained was immediately transmitted by him, to the conven- 
tion of Cumberland county. Li the few words of advice which 
he added, he, as on former occasions, counselled his friends to 
behave peaceably, and '• not to have recourse to violence or 
force," unless the immediate defence of their persons and pro- 
perty should demand the employment of such measures. At 

* George Clinton Papers, in N. Y. State Lib., vol. xvi., docs. 4772,47'73. 



460 HISTORY OF EASTERN VERMONT. [1782. 

the same time he wrote to Jonathan Hunt, who, as sheriff of 
Windham county, had taken an active part in arresting the 
subjects of JSTew York. He reminded him that the proceedings 
in which he had been engaged were in " direct opposition and 
contempt of the recommendations of Congress," and warned liim 
of the " dangerous consequences" which would ensue should 
he attempt to execute process against those who refused to obey 
the laws of Vermont.* 

Soon after Governor Clinton had dispatched the messenger 
to Philadelj)hia with the intbnnation which Bigelow had 
brought from Guilford, Charles Phelps arrived at Pouglikeep- 
sie with accounts confirmatory of the reports which had pre- 
ceded him. Here he remained until the messenger returned 
from Philadelphia, when he made known his intention of pay- 
ing a visit to Congress. Conceiving that his presence there 
would be of no service to the cause he was eager to advocate, 
and apprehending he would be " troublesome and perhaps 
burtliensome" to those with whom lie would necessarily be 
brought most in contact. Governor Clinton endeavored to dissuade 
him from going. Nothing could change his determination. 
Tliough the Governor declined writing by him, lest the delegates 
should suppose that his visit was made by the Governor's 
approbation, Phelps departed on the 1st of October, depending 
on his own resources for the assistance he should require. 

In conformity with the sentence that had been passed upon 
them. Church, Shattuck, Evans, and Timothy Phelps were re- 
leased from imprisonment on the 4th of October. They were 
then taken under a strong guard across Connecticut river into 
New Hampshire, where the sentence of banishment was read 
to them by Samuel Avery, a Vermont deputy sheriff. To this 
the penalty of death was added, provided they should ever 
return. On the 24th, the sheriff of "Windham county was 
directed by a resolution of the General Assembly, to sell their 
estates as confiscated property, and accept in payment, " due 
bills, pay-table orders, or hard money." He was also directed 
to sell as much of the estates of those persons who had been 
indicted by the grand jurors of Windham county, as should 

* Soon after the receipt of tliis letter, instigated either by fear or by doubts 
as to the legality of his course, Hunt resigned his oflBce. Dr. Elkanah Day was 
appointed in his place on the 16th of October, 1782. MS. Accounts. Doc. Hist. 
N. Y., iv. 1013, 1014. George Clinton Papers, in N.Y. State Lib., vol. xvi. doc. 
4781. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 48. 



1782.] KEPORT OF THE COMMITTEES OF FOUK TOWNS. 461 

serve to pay the expense of tlie posse cmnitatus ; and was in- 
structed to " take the advice of the principal men of the county, 
and endeavor to levy such expense in proportion to the crimes 
and abilities of such delinquents." 

During the confinement of the prisoners, the committees of 
Brattleborough, Guilford, Halifax, and Marlborough, had been 
engaged in preparing a report of the grievances to which they 
had been subjected by reason of their adherence to the govern- 
ment of New York. This document was full in its details, and 
embraced the discussion of topics relating as well to the con- 
dition of the whole state, as to the condition of Windham and 
"Windsor counties. Among other criminations contained in it, 
the General Assembly of Yermont were accused of entering 
into a treaty with the enemies of the«United States, without the 
knowledge or consent of the people at large, and, when 
charged with the oifence of flatly denying that any such treaty 
had ever been commenced. Announcement was also made of 
the current belief that negotiations had been initiated with the 
British in Canada, for the purpose of transferring Yermont to 
the common enemy. Tlie secret policy of the state was con- 
demned. Governor Chittenden's conduct was pronounced 
arbitrary. The acts of the Yermont Legislature were declared 
unauthorized. Taxes which had been levied for the purpose of 
supporting the government of Yermont were branded as unjust. 
The finances of the state were represented as impoverished in 
condition, and the ofiicers to whom the duty of collecting- 
money had been entrusted were denounced as exacting and 
heartless men. In view of these charges, the committees expressed 
their sentiments in language plain and definite. " By a reso- 
lution of the Assembly of the state of New York, in October, 
1781, and one of March, 1782," said they, " it appears that the 
state of New York are determined to support their jurisdiction 
over this territory ; and it being our opinion that it was gua- 
ranteed to them in the confederation by the other states, and 
that to them we owe our allegiance, we therefore conceive we 
shall be highly to blame and of course involve ourselves in 
certain ruin, by resisting or opposing the authority of New 
York, since by so doing we shall oppose and resist the authority 
of Congi-ess and of the thirteen United States, and bring ine- 
vitable destruction upon ourselves. To avoid these evils, we 
think it our indispensable duty to submit ourselves to the 
authority of the state of New York." 



•162 inSTOEY OF EASTEKN VEKMONT. [1TS2. 

Li the course of this statement of grievances, other actions of 
the government of Vermont were unsparingly condemned. 
Tlie late legal enactments concerning those who acknowledged 
the jurisdiction of New York, were stigmatized with especial 
bitterness. " We are of opinion," said they, " that the most 
capital of all the proceedings of this old Green Mountain Core,* 
is their preparing a law especially for a certain set of people — 
who, while this territory was under the jurisdiction of New 
York, were orderly, good subjects to the state of New York, 
and who never before, when that jurisdiction was regularly 
supported here, nor since the setting up of this pretended new 
state, have ever joined the new state, but have ever adhered to 
the state of New York — by which law they have made it 
treason to join any of the other states, or to refuse to adhere to 
the new state of Yermont." Conduct such as this they de- 
nounced as particularly heinous, since Congress had expressly 
ordered that the rulers of Yermont should exercise no authority 
over any person who was unwilling to acknowledge the juris- 
diction of that state. Continuing in this strain, they detailed 
the general eifects of the treatment they had been compelled to 
undergo, and of the sufferings they had borne in behalf of New 
York, and concluded their statements in these words : — " We 
conceive there can be no way to ensure peace and prosperity to 
the people of these ' Grants,' but to put an end to their present 
policy and government. Perhaps in some future day it may be 
for the hapj)iness of this part of the country to be made a 
separate jurisdiction, within such bounds and under such 
regulations as the United States in their wisdom shall see fit. 
We think it will be very easy for Congress to point out a way 
in which justice may for the present be done to all the con- 
tending and different claims ; but should matters be suffered to 
go on in the course they have now taken, we cannot imagine 
where they will end, unless it be in riots, tumults, disorder, and 
confusion, and most probably in bloodshed among ourselves."t 

This statement of the associated committees was entrusted to 
Majors Shattuck and Evans on the 7th of October, to be by 
them presented to Governor Chnton and the Legislature of 
New York, Tlie two officers reached Poughkeepsie on the 
14th of October, and were courteously received by the Governor, 

* Corps. 

f George Clinton Papers, in N. Y State Lib., vol. xvi. doe. 4788. 



1782.] COURSE OF PHELPS IN PHILADELPHIA. 463 

who listened with interest and attention to their representations. 
They furnished him with affidavits in which were embodied a 
full relation of the events which had led to the trial and im- 
l^risonment of themselves and friends ; a particular state- 
ment of the conduct of Ethan Allen during the " late violent 
proceedings ;" and a few suggestions as to the cause of the ap- 
j)earance of the British at the northward and westward. In 
tlieir own defence the}'" stated that they had never " made nse 
of any force or violence to compel such of the inhabitants on the 
district called the New Hampshire Grants, who professed 
allegiance to the said usurped government, to renounce their 
allegiance thereto, or to submit to the government or authority 
of the said state of New York ; or by any act of force or 
violence interrupted or prevented the exercise of any authority 
under the said pretended state of Yermont over such persons as 
professed allegiance thereto." Governor Clinton immediately 
notified the information he had received to the New York 
delegates in Congress. In his letter to them, he enclosed 
copies of the papers which had been furnished him by Shattuck 
and Evans. " I think they cannot fail," wrote he, referring to 
the depositions, " of making an impression on the minds of 
Congress, not unfavorable to us."* 

Meantime Charles Phelps having reached Philadelphia, was 
busied in detailing his misfortunes to those who he hoped would 
be interested in relieving them. By his own solicitation he 
obtained permission to appear before the committee of Congress 
to whoni had been referred the consideration of the troubles in 
Cumberland county, and on the 8th of October, at an evening 
session, was engaged for " two or three hours, with very little 
interruption," in recounting the transactions which had been 
the cause of his visit. So important were the affidavits which 
he presented on this occasion, that the committee refused to 
report upon them until they should have been read in Congress. 
To this arrangement Ezra L'Hommedieu and James Duane — 
the two New York delegates then in attendance — were obliged 
to submit, although by so doing the presentation of the report 
upon the statements made more than two weeks before was 
necessarily deferred. Not content with these efforts, Phelj)s in 
character of agent for the convention of committees from the 
towns in Yermont loyal to New York, presented a memorial to 

* George Clinton Papers, in N. T. State Lib., vol. xvi. doe. 4802. 



464 mSTOKT OF EASTERN VERMONT. [17S2. 

Congress on tlie lOtli, in which he stated that his constituents 
on the " Grants " had considered themselves protected by the 
resokitions of Congress passed on the 24th of September, 1779, and 
on the 2d of June, 1780, and for this reason had acted in accord- 
ance with those resolutions. He also declared his belief that the 
persons who had been imprisoned for refusing to acknowledge 
the jm-isdiction of Vermont would be sent to Canada. In his 
own behalf he prayed that measures might be taken to effect the 
restoration of his property.* 

On the 16th of October — one month from the date of Govern- 
or Clinton's letter to Congress containing a notification of the 
outbreak in Cumberland county — the committee appointed by 
Congress presented their report. At the same time another 
report was proposed as a substitute. These proceedings ended 
in a recommitment of the whole subject. A third report made 
by John Rutledge, on the 22d, in which he and his colleagues 
recommended to the people on the " Grants " to abstain from 
all measures calculated to create disturbance, was amended and 
laid aside for further consideration. 

Since their arrival at Poughkeepsie, Shattuck and Evans had 
remained in the vicinity of that place, hoping to receive 
" accounts of the issue of the controversy on the ' Grants ;' and 
that Congress had taken decided measures for the relief of their 
fellow citizens in Cumberland county, and their protection in 
future against the violence of the Vermont party." Having 
been assured by a letter from Mr. L'Hommedieu of the 16th 
of October, that " no effectual measures " had been or j)ro- 
bably woidd be taken in Congress until the general question 
respecting jurisdiction should be determined, they concluded to 
extend their journey to Philadelphia and there await the event. 
In the letter of introduction which was furnished them by 
Govern(3r Clinton, full approbation was expressed of the course 
they had resolved to adopt. " They, with several others, their 
neighbors," wrote the Governor to the New York delegates, 
" are stript of all their property and banished, and under the 
circumstances cannot think of seeing then* families till they 
have made every effort for obtaining redress. They have 
determined therefore to go on to Philadelphia, in hopes that 
their presence, and the information they can communicate, may 
assist in bringing about a more speedy settlement of this busi- 

* Geoi^e Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4796, 4797. 



1782.] THE FEELING IN CONGRESS. 465 

ness. I have helped them to a small sum of cash to defray 
their exiDenses and to prevent their being burthensome to jou. 
It is unnecessary to recommend them to your countenance and 
assistance. The cause they are engaged in, gives them the best 
assurance of this."* 

AVhile Governor Clinton exercised especial care to send to 
Philadelphia copies of all the papers concerning the controversy 
which he received, the New York delegates never neglected to 
bring his dispatches to the notice of Congress on the earliest 
occasion. By this means the topic of greatest interest to the 
persecuted adherents of New York was kept in continual agita- 
tion. Though Congress were desirous that " internal peace 
should be preserved, as well between the respective members 
of the Union as within each district thereof," and even favored 
the appointment of a day for the final disposition of the question 
of jurisdiction, still they were unwilling that any measure should 
be taken in the present emergency tending to prejudice the 
decision of Congi*ess on the general question. To this cause 
must be attributed, in parte, the delay with which every propo- 
sition for a thorough examination of the relative position of the 
two parties claiming jurisdiction on the " Grants," was met. 
While sentiments like these were prevailing in the minds of 
many of the delegates, Shattuck and Evans appeared in Phila- 
delphia, and on the 28tli of October laid their petition before 
Congress. In this document they briefly rehearsed the history 
of the diificulties which they had been obliged to encounter ; 
referred to the " fifty persons having families," who had been 
driven from their homes, and who were then "wandering about 
in the utmost distress ;" mentioned the forbearance which the suf- 
ferers had exhibited in refraining from " acts of retaliation ;" and 
asked for aid, and for the restoration of their possessions to those 
who had been deprived of them by the late transactions of the 
people of Vermont. Nor did they scruple to refer to their own 
destitution, and to the immediate inconveniences to which they 
were exposed, on account of a want of money, and of the dilficulty 
of supporting themselves in Philadelphia where necessity had 
obliged them to repair for justice. Though but little was to be 
expected from Congress until the general course which they 
were to follow in the controversy should be fixed, yet the peti- 
tioners were not allowed to suflTer. " They are very decent men 

* George Clinton Papers, in N. Y. State Lib., vol xvi. doc3. 4809, 4825. MSS. 
in office Sec. State Vt. 

30 



■i:GG HISTORY OF EASTERN VERMONT. [1782. 

and are treated with respect," wrote Mr. L'Hommedieu, and 
subsequent events proved that private means were at their ser- 
vice, though the aid of Congress was denied them.^' 

Tlie committee of Congress to wliom had been referred the 
letter of the 16th of September from Governor Clinton, the 
deposition of Joel Bigelow, the memorial of Charles Phelps, and 
a number of other papers, presented another report on the 5th 
of ISTovember, in which several important alterations and addi- 
tions had been made. At the same time the consideration of 
the report which had been made to Congress on the lYth of 
April previous, recommending the admission of Yermont into 
the Union, was called for. After a lengthened discussion, all 
that portion of the subject relating to an ultimate adjustment 
of difhculties by an acknowledgment of the independence of Yer- 
mont as a separate state was postponed. The consideration of 
the question whether " the people inhabiting the territory called 
Yermont " had relinquished their claims to the Eastern and 
Western Unions was declared necessary and proper before 
arguing the questions which depended upon it. Referring to 
the action of Congress on this occasion, Mr. L'Homme- 
dieu expressed a wish that since the general question had been 
thus laid aside, Congress would take measm-es to preserve the 
peace of the disturbed district. The constituency of his own state, 
many of the inhabitants on the " Grants," and no inconsiderable 
number of the members of Congress avowed the same desire, 
and anxiously awaited the time when the present difficulties at 
least, should be ended. 

Believing fully in the iimate strength of petition, Charles 
Phelps did not cease to besiege Congress with missives suppli- 
catory, missives memorial, and missives remonstrative. On the 
oth of November he besought Congress " for a continental relief 
of money and clothing for his necessitous circumstances." In 
order to prove the validity of the grounds upon Avhich he asked 
for assistance, he stated that when leaving home in some haste, 
he had been pursued several miles by eight or ten of the Yer- 
mont " light infantry ;" that he barely made his escape from 
" those armed pursuers;" that h" M'as " necessitated to borrow 
a great part of his necessary apparel fifty miles from home ;" 
that his garments were now nearly worn out, his money almost 
exhausted, and the debts which he had been forced to contract 

* George Clinton Papers, in K Y. State Lib., vol. xvL does. 4828, 4831, 4833, 
4842. 



1782.] RESOLUTIONS OF THE CONGRESSIONAL COMMITTEE. 467 

for tlie support of himself and horse unpaid. Although his con- 
dition required the aid for which he sought, yet Congress did 
not deem themselves bound to heed his requests, and the peti- 
tion was dismissed. It is probable that a similar petition prefer- 
red by Shattuck and Evans was treated in a similar manner. 
On the 13th of November, the day preceding that on which the 
congressional committee were to report concerning the condition 
of the " Grants," Mr. L'PIommedieu wrote to Governor Clinton. 
Eeferring to the 14:th, he observed : — " After that time I shall 
advise Messrs. Phelj)s, Shattuck, and Evans to return, as it will 
answer no purpose for them to continue longer in this expen- 
sive place. They have spent all their money and are consider- 
ably in debt, which in their petition they have mentioned, but I 
believe will have no relief in that respect, more than in the 
other, from Congress."* 

A portion of the report on Governor Clinton's letter of the 
16th of September, and on the petitions of Phelps, Shattuck, and 
Evans, had been already referred to a committee of three for 
further consideration. In a second report presented on the 14th 
of November, the committee stated " that the measures com- 
plained of in the papers above mentioned, were probably occa- 
sioned by the state of New York having lately issued commis- 
sions, both civil and military, to persons resident in the district 
called Vermont." AVith this opinion for a basis, they proposed 
the following resolutions : — 

" Tliat it be recommended to the state of New York to revoke 
all commissions, either civil or military, which have been issued 
by the said state since the month of May last, to persons residing 
in the district called Yermont, as described in the resolves of 
the 7th and 20th of August, 1781. 

" That it be recommended to the persons exercising the pow- 
ers of government within the said district, to make full and 
ample satisfaction to Charles PheljDs, William Shattuck, and 
Henry Evans, and to all others in a similar predicament, for the 
damages which they have sustained in person and property, in 
consequence of the measures taken against them in the said dis- 
trict, and to suffer them to return to their habitations, and to 
remain unmolested in the district aforesaid. 

" That it be recommended to the state of New York, and to 
the persons exercising the powers of government within the 

* Journals of Am. Congress, iii. 102. George Clinton Papers, in N. Y. State 
Lib., voL xvi., doc. 48S7. 



468 HISTORY OF EASTERN VERMONT. [1782. 

district aforesaid, to adhere to the recommendations of Congress 
contained m their resolve of September 24, 1779, until a deci- 
sion shall be had by Congress on the subject referred to them 
by the said state of New York and the said district of Yermont." 

However just these resolutions might have appeared to those 
who proposed them, yet tliey failed to obtain the concurrence 
of Congress. A motion to agree to the first resolution was lost, 
a motion to recommit the second was negatived, and, on a final 
vote, the consideration of the remainder of the report was post- 
poned. On none did the immediate efiects of this refusal to 
reimburse the sufi'eriug Yorkers fall more heavily than on the 
three petitioners, who, for several weeks, had awaited at Phila- 
delphia, patiently and amid poverty, the decision of Congress. 
Their indebtedness, owing to the expensiveness of living, had 
increased to such an extent that they were unable to meet it. 
On the 15tli of Kovember an attempt was made by the New 
York delegates to relieve their necessities by borrowing a hun- 
dred dollars on the credit of the state. " If this plan fails," 
wrote James Duane, " it is more than probable they will lose 
their liberty, as they have already done their property, for it is 
out of my power to aid tliem." On the 17th the same gentle- 
man informed Clinton that " the distress of Phelps having been 
brought to a crisis," nothing was left but to borrow " for his 
and his unfortunate companions' support." The desired loan 
was eflected ; the debts of the trio whose visit had given " infi- 
nite uneasiness " to their friends in Philadelphia were discharged ; 
and the fear of imprisonment for debt was brought to an end. 

As there was but Httle expectation that any resolution could 
now be obtained which would prove favorable to the Yorkers, 
the main reason for the delay of their agents in an expensive 
city was removed. Desirous of visiting their families, provided 
they could do so with safety, Shattuck and Evans set out on 
their return home on the 19th. Phelps, on the contrary, hop- 
ing to be able to accomplish by importunity what he had failed 
to perform by petition and remonstrance, determined to remain. 
The two former reached Poughkeepsie on the 23d ; detailed to 
Governor Clinton an account of their visit ; and confirmed the 
report M'hich had ah*eady reached him of their failure to im- 
press upon Congress the necessity of prompt and decisive action 
in restoring to the Yorkers their homes and possessions.* 

* Journals of Am. Cong., iv. 105, 106. George Cliutou Papers in N. Y. State 
Lib., vol. xvi. docs. 4S56, 4857, 4S58. 



1782.] RETURN OF EViJSrS TO GUILFORD. 4:69 

Evans now determined to return to Guilford, in spite of the 
penalties denounced against him in case he should ever again 
enter within the borders of Yermont. Shattuck, more cautious, 
concluded to obey the decree of banishment until he should 
receive further accounts from Philadelphia. With his accus- 
tomed kindness, Governor Clinton wrote a letter to Col. Timo- 
thy Church, on the 24th, as an endorsement of any statements 
which Shattuck or Evans might make relative to the views of 
Congress concerning the present unfortunate troubles. " These 
gentlemen," observed Clinton, referring to them, " have had 
an opportunity which I long wished them to have of being ac- 
quainted with the sentiments of the different members of Con- 
gress respecting our controversy with the pretended state of 
Vermont, as they are thereby enabled to form a judgment, 
founded on their own knowledge of facts, of what will be the 
probable issue of a dispute in which they are so deeply inte- 
rested. Tliis renders it unnecessary for me to say anything on 
a subject of which they will be able to give so full and satisfac- 
tory information, and I have therefore only to repeat what I 
often suggested, that much will de]3end on the conduct of the 
good subjects of this state on the ' Grants,' whose firm and 
steady adherence to their duty and allegiance I would flatter 
myself will soon be rewarded b}" a determination that will re- 
lieve them from their present distresses, and guard them against 
future oppression." Reaching home on the 1st of December, 
Evans, to use his own language, " found the people in a very 
broken situation." It was observed, however, that the effect of 
his statements, and of the clear and honest declarations of Gover- 
nor Clinton, were temporarily beneficial in removing the gloom 
which had been caused by long continued disappointment.* 

Various attempts were made to resume the consideration of 
the report of the committee to whom had been referred the 
report of a former committee on the letter of Governor Clinton, 
of September 16th, and the accompanying documents. The 
subject was at length brought before Congress on the 5th of 
December, but its consideration was again postponed. Follow- 
ing the declaration of this postponement, a motion was made 
by Thomas McKean, of Delaware, and seconded by Alexander 
Hamilton, of New York, in these words : — 

" Whereas it appears to Congress, by authentic documents, 

* George Clinton Papers in N. Y. State Lib., vol xvi. doc. 4862. 



470 HISTOKY OF EASTERN TEEMONT. [1782. 

that the people inhabiting the district of country on the west 
side of Connecticut river, commonly called the Xew Hampshire 
Grants, and claiming to be an independent state, in contempt 
of the authority of Congress, and in direct violation of the reso- 
lutions of the 24:th of September, 1779, and of the 2d of June, 
•1780, did, in the month of September last, proceed to exercise 
jurisdiction over the persons and properties of sundry inhabit- 
ants of the said district, professing themselves to be subjects of, 
and to owe allegiance to the state of New York, by means 
whereof divers of them have been condemned to banishment, not 
to return on pain of death and confiscation of estate ; and others 
have been fined in large sums and otherwise deprived of pro- 
perty ; therefore, 

" Resolved, That the said acts and proceedings of the said 
people, being highly derogator}^ to the authority of the United 
States, and dangerous to the confederacy, require the immediate 
and decided interposition of Congress, for the protection and 
relief of such as have suflfered by them, and for preserving 
peace in the said district, until a decision shaU be had of the 
controversy, relative to the jurisdiction of the same. 

" That the people inhabiting the said district claiming to be 
independent, be, and they are hereby, required, without delay, 
to make full and ample restitution to Timothy Churcli, Timothy 
Phelps, Henry Evans, William Shattuck, and • such others as 
have been condemned to banishment and confiscation of estate, 
or have otherwise been deprived of property since the 1st day 
of September last, for the damages they have sustained by the 
acts and proceedings aforesaid ; and that they be not molested 
in their persons or properties, or their return to their habitations 
in the said district. 

" That the United States will take effectual measures to en- 
force a compliance with the aforesaid resolutions, m case the 
same shall be disobeyed by the people of the said district. 

" That no persons holding commissions under the state of New 
York, or under the people of the said district claiming to be 
independent, exercise any authority over the persons and pro- 
perties of any inhabitants in the said district, contrary to the 
forementioned resolutions of the 24tli of September, 1779, and 
the 2d of June, 1780. 

" That a copy of the foregoing resolutions be transmitted to 
Thomas Chittenden, Esq., of Bennington, in the district afore- 
said, to be communicated to the people thereof." 



1782.] VAEIOUS MEASURES IN CONGRESS, 471 

Before tlie vote Avas taken on this motion, an attempt was 
made to amend the first resohition, and to strike out the whole 
of the resokition relating to the determination of the United 
States to enforce the decrees which Congress had passed on the 
subject of the controversv. Tliese suo-o-estions were not received 
with favor, and on the question to agree to the original motion, 
an affirmative decision was obtained. 

The hostility of Congress at this time towards the leading men 
in Vermont, was made especially apparent in connection with 
tliese transactions. As the Secretary of War was about to visit 
his family in Massachusetts, David Eamsay of South Carolina, 
moved a resolution on the 10th of* December, instructing that 
gentleman " to take Yermont in his way," and carry a report 
of the doings of tlie 5th of December to Mr. Chittenden. Al- 
though it w^as urged that such a course would insure the deli- 
very of the papers, serve to conciliate the opposition, and afford 
the means of obtaining certain knowledge of the Yermonters, 
yet the proposition was strenuously resisted, the opinion of many 
being that such an act would tend to degrade a high servant of 
the United States, and to give an unwarranted importance to the 
claims of Yermont to sovereignty and independence. The objec- 
tions prevailed, and as Congress appeared unwilling to make spe- 
cial provision for transmitting the resolutions, the President of 
Congress gave notice that he should send them to the comman- 
der-in-chief to be forwarded by him to their place of destina- 
tion. Though they were regarded as an index of the sentiments 
of Congress, yet the condition of the United States, and the dread 
of the common foe tended greatly to diminish their effect. In 
their letter, announcing the action of Congress, the New York 
delegates frankly confessed that they could not " absolutely rely 
upon the execution of the coercive part" of the resolutions. A 
similar opinion was entertained by all who were best acquaint- 
ed with the political condition of the Union.* 

As was his custom, whenever any measure was adopted per- 
taining to his constituents on the " Grants," Governor Clin- 
ton transmitted a copy of the late resolves, to the convention 
composed of the committees of the towns of Brattleborough, 
Guilford, Halifax, and Marlborough. Accompanying the 

* Journals Am. Cong., iv. 112, 113,114. Madison Papers, i. 228, 229, 230. 
George Clinton Papers, in X. Y. State Lib., vol. xvi. doc. 4883. Slade's Yt. State 
Papers, pp. 177, 178. Papers relating to Yt. Controversy, in office Sec. State X. 
y., p. 49. 



472 HISTORY OF EASTERN VERMONT. [17S2. 

resolves, was a letter, dated the 23d of December, whose con- 
tents were evidently intended for the guidance and consola- 
tion of those who had been and who still were faithful to New 
York. The sound, energetic, and scholarly ideas of the patriot 
Governor, as expressed in this thoughtful and well -prepared 
production, were in these words : — 

" I have the pleasure of transmitting you sundry resolutions 
of Congress, passed in consequence of the outrages lately com- 
mitted by the usurped government of Vermont on the subjects 
of this state in Cumberland county. I should have been happy 
could a final determination of the controversy respecting the 
jurisdiction of the district of the l^ew Hampshire Grants, have 
been obtained; but as this could not at present be eflected, I 
flatter myself the present measure, as it is calculated to pre- 
serve the peace of that district until such a decision can be had, 
and ensure justice to our distressed fellow citizens for the da- 
mages they have sustained, will prove acceptable, and the more 
especially as it evinces a disposition which promises an equita- 
ble and favorable issue to the controversy, which issue I have 
the fullest confidence will ere long take place. 

" You will observe that one of the present resolutions pro- 
hibits the exercise of authority by either party over the other, 
contrary to the resolutions of the 2ith of September, 1779, and 
the 2d of June, 17S0. This repetition of the sense of Congress, 
became necessary to remove the false impression which the 
leaders of the usurped government had made on the minds of 
the people by insinuations which you well know they indus- 
triously propagated that those resolutions no longer existed, and 
that Congress never intended to enforce them. By these means, 
they not only led many into the violent and unwarrantable 
measures which they had in contemplation, but discouraged our 
friends from a justifiable resistance. My sentiments are so fully 
and explicitly expressed as to the line of conduct to be pursued 
by those in your district holding commissions or ofiices under 
this government, as to render it altogether unnecessary now to 
repeat them. The good consequences which have already re- 
sulted from the part you have acted, as well as respect for the 
great Council of America, will, I am persuaded, induce those 
holding commissions under this state, still to persevere in paying 
a strict compliance to the recommendations of Congress, by ex- 
ercising authority only over those professing themselves to be 
subjects of, and to owe allegiance to this state. 



17 82. J ABLE LETTER OF GOV. CLENTON. 473 

" To obviate any excuse that may be offered by the pretend- 
ed state, in case they should delay complying with the resolu- 
tion directing restitution to Colonel Church and the other suf- 
ferers, I would suggest the propriety of immediately causing 
fair and reasonable accounts to be made out, of the damages 
sustained by them respectively ; would have the same attested 
to, by the parties, before a magistrate ; and (retaining true 
copies), would transmit the originals by a person wdio will be 
able to swear to the delivery thereof, to Thomas Chittenden, 
Esq. Tliat these accounts may have every appearance of truth 
and candor, I would advise that besides the attestations of the 
party, they be also testified to be just and reasonable, by as many 
persons of reputation as from their knowledge of the charges 
can with propriety give such certificates. 

" By the resolution directing restitution, you will also observe 
that the persons banished are not to be molested in their persons 
or property on their return to their habitations. They would, 
therefore, be justifiable in returning immediately, but I would 
advise a delay sufficient for the promulgation of the resolutions of 
Congress on this subject in the district, lest insults might be com- 
mitted upon them by there volters, and ignorance pleaded in ex- 
cuse. It is probable, however, that the resolutions will be suffi- 
ciently known before this can reach you, and that a further delay 
in a matter so interesting to the sufferers may not be necessary. 

" I would fain flatter myself with a hope of a voluntary return 
of the mass of the people in your county to their duty and allegi- 
ance. I am convinced that there are many in your county well 
attached to the cause of America at large, that have been led 
from their duty and allegiance by the artful insinuations of 
designing and wicked men, who either wish to subjugate that 
district to British tyranny, or to gratify their own ambition and 
pride by establishing an independency which, while it would 
emich and aggrandize a few, would distress and ruin the great 
bulk of the people. These men I could wish might be recovered 
from their delusion, and that the conduct of our friends towards 
them might at all times be such as shall appear most likely to 
effect so desirable an end. You must be sensible of the unal- 
terable determination of the state to secure the inhabitants their 
property under whatever title it may be desired ; and should 
the late act for this purpose be defective in any particular, or 
subject to the least reasonable objection, I may venture to assure 
them, that on their discovering a disposition to return to their 



474 HISTORY OF EASTERN VERMONT. [1782. 

dutj, every just cause of complaint (if anj still exists) will be 
heard and removed ; and this idea I wish may be impressed 
upon their minds, as w^ell as the danger to which the}' are 
exposed by persevering in their present unjustifiable opposition. 
Be watchful at the same time of the conduct of those that are 
disaffected to the liberties of America, of whom, from late as 
well as former discoveries, I have the best reason to believe 
there are many leading characters in your quarter. 

" The Legislature will meet the first Tuesday of next month 
at Kingston, and it would afford them much satisfaction to find 
that the measures they have adopted for quieting the disordei'S 
in the northeastern parts of this state have not proved inef- 
fectual."* 

Such were the principles which, in the view of Governor 
Clinton, were to be maintained by his constituents. Such the 
course of conduct they were bound to pursue, until they should 
find themselves unable to withstand the collected force of the 
government and people of the new state of Yermont. But 
before this letter had reached its destination, or G-overnor Chit- 
tenden had been informed of the passage of the resolves of the 
5th of December, an event had occurred, within the disputed 
territory, which evinced the determination not only of the Ver- 
monters to enforce the decrees with which they had threatened 
those persons whom they had banished from the state, but of 
the Yorkers also to resist the efforts made to subdue them. 

The return of Evans had already induced the belief that the 
rigorous punishment which had been denounced against him 
and his companions would not be carried into execution. This 
belief was strengthened, and new life was now given to the 
adherents of ISTew York, by the arrival of Colonel Church and 
Major Shattuck. The latter reached his home ii,i Halifax on 
tlie 15th of December, and on the same day was informed that 
the authorities of Yermont had determined to dispossess Daniel 
Shepardson of Guilford, a subject of New York, or pull his 
house down. Aroused by these reports, Shattuck and a number 
of his friends met on the evening of the 17tli, and resolved to 
protect Shepardson from violence. While preparations were 
on foot for carrying this design into execution, intelligence was 
received, on the morning of the 18th, of the caj)ture of Church 
by the Yermonters. Upon this Shattuck changed his plan, pro- 

* Geoi^e Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4894. 



1782.] MAJJ^CEUYKES OF THE CONTENDESTG PAETIES. 475 

ceeded to Guilford, raised two companies of men, and, for the 
purpose of retaliation, endeavored to arrest Col- Benjamin Car- 
penter and a certain Major Shepardson, the former the late 
Lieutenant-Governor of Vermont, and the latter a staunch 
supporter of its authority. Failing in this undertaking, Shat- 
tuck and his men entered the dM'ellings of those whom they had 
intended to capture, seized their arms, committed other depre- 
dations of a similar character, and returned home. Not content 
with the result of this expedition, Shattuck and his party made 
another on the night of the 20th, took Jolm Bridgman, one of the 
judges of the county court, prisoner, and brought him to Guil- 
ford. On the following day Bridgman was released on parole. 
By the terms of tlie parole agreement he was allowed to visit 
the State's Attorney, the Governor, and the Council of Vermont, 
for the purpose of procuring the freedom of Col. Church. Should 
he succeed, his own liberty was to be granted him. Should he 
fail he was to return by the 2d of January, 1783. 

Fearing that a civil war was about to break out. Col. John Ser- 
geant of the Vermont militia ordered several companies in his 
regiment to rendezvous at Brattleborough, in order, as was after- 
wards stated in the muster rolls, " to suppress insurrections and 
disturbances then subsisting in those parts." The Yorkers 
meanwhile continued to hold their men under arms. On the 
night of the 23d of December, they received information that 
the Vermont soldiery were preparing to attack them. Having 
placed his men in ambush, Shattuck awaited the approach of 
his opponents. But his expectations were not realized. The 
Vermont militia, while on their march, were surprised by a 
party of six men, the vanguard, as they supposed, of a concealed 
enemy, but in reality a detachment of then- own friends. Dis- 
persing in all directions, they did not discover their error until 
it was too late to correct it. Convinced that no benefit could 
arise to either party from the pursuit of hostile measures, the 
Vermonters on the following day sent a messenger to the Yorkers, 
with proposals for a treaty. The Yorkers replied that, if the 
Vermonters desired peace, they might come to them and pro- 
pose the terms. 

The result of these negotiations was the confirmation of an 
agreement which had been drawn up and signed on the 20th^ 
by Zadock Granger, and Simeon Edwards, in behalf of the 
Vermont party. In the preamble to this document, the signers 
rehearsed the considerations which had induced them to engage 



476 HISTORY OF EASTERN VERMONT. [1782. 

in an agreement of this cliaracter ; referred to tlie " unhappy 
differences about the right of jurisdiction," as the cause of all 
the difficulties between the conflicting parties ; alluded to the 
probability of the " decisive determination by Congress," of the 
lf)ng continued dispute ; deprecated the hostile measures which 
had been, and were then pursued by men who were " in arms 
against each other;" and expressed a desire to prevent "mis- 
chiefs and miseries," and to ensure peace and the public good. 
In view of these reasons, and in consideration of the engagement 
of the leaders of the New York party, that their adherents 
should be immediately dispersed, and should " rise no more" to- 
disturb the people of Yermont unless molested by them, and on 
the further condition that either Colonel Church, or Judge 
Bridgman should return by the 2d of January, 1783 — they, as 
men of honor and influence, agreed to exert their " utmost 
endeavors" in preventing the people of Vermont from molesting 
the New York party ; jDromised to inform Joseph Peck of Guil- 
ford, a captain in the New York militia, should any force be 
sent by the Yermont party to oppose the New York party 
before the 1st of February, 1783 ; and bound themselves to 
write to Governor Chittenden, requesting him to " let matters 
rest" according to this engagement. 

Repairing to Governor Chittenden, Bridgman endeavored to 
obtain from him, and the Council of Yermont, advice as to the 
course he should pursue in this emergency. But the oracles 
were dumb, and after nine days of useless expostulation he 
returned. His parole was renewed on the 2d of January, 1783, 
but his success in endeavoring to learn the sentiments of the 
rulers of the state, as to the means by which he should procure 
permanent relief, was no better on a second attempt. On the 
18th of January his parole was again renewed, to continue 
" during the good pleasure" of Governor CKnton. The reluc- 
tance of Governor Chittenden to reply categorically to the 
inquiries of Bridgman was not strange. Many of the Yermont- 
ers in the towns where the Yorkers were most numerous, were 
inclined to treat them kindly, hoping in this manner to efi'ect 
what could not be accomplished by force. Chittenden's views 
towards them were severe in the extreme. In this dilemma 
policy dictated silence as to his opinion of the condition and 
conduct of Bridgman. 

An idea of the peculiar character of this unique Governor, 
who, although partially deprived of sight, and for this reason 



1782.] A CHAEACTEEI8TIC EPISTLE. 477 

lamiliarlj known as " One-eyed Tom," was possessed of all the 
penetration, common sense, discretion, and policy, which his 
peculiar position demanded, may be obtained from a perusal 
of one of his characteristic epistles. As soon as Church — who 
had dared to return to the place whence he had been for ever 
banished — was arrested, he was delivered to Col. Stephen K. 
Bradley, who sent him under a strong guard to Governor Chit- 
tenden at, Arlington. In answer to a note from the Colonel 
detailing the reasons of the arrest, Chittenden, on the 24-th of 
December, 1782, replied : — " I received yojjr letter with the 
prisoner, and approve of your conduct. Have sent to Colonel 
Robinson to call the Superior court immediately for his trial, and 
I hope and trust justice will be done him. I have sent twelve 
pounds powder agreeable to your request. As to sending or 
ordering a standing force to Guilford, I had rather hang them 
[the Yorkers] one by one, until they are all extirpated from the 
face of the earth. However, I wait for the returns of the officers 
that commanded the posse (which will soon be) to send orders 
to the sheriff to collect the fines and cost, when, if they con- 
tinue obstinate, a force must accompany the sheriff sufficient 
to silence them. I am not without hopes that the consequences 
of Church's trial will have some good effect on his connections." 
Such was the aspect m which the Governor of Yermont viewed 
the conduct of his oj)ponents. 

Hoping to obtain a remission of the punishment to which he 
had become amenable. Church addressed a petition to the people 
of Yermont on the 28th of December, in which he detailed the 
reasons which had led him to return. Knowing w-ell the 
nature of the risk which he incui'red by his rashness, he 
declared that his visit had been instigated not by any contempt 
for state authority, but by " the tender feelings" natural to a 
parent, who, when his family are destitute of the necessaries of 
life and borne dow^n by sickness, desires to relieve their 
distresses. He owned that he had at one time subscribed the 
" freeman's oath," and acknowledged that he had subsequently 
o]3posed the government of Yermont. Though studiously 
refraining from any confession of error, he prayed for " pardon 
and forgiveness," and that he might be " admitted to his for- 
mer freedom, liberty, and privileges." But his concessions, 
artful and non-committal, were ill-calculated to influence the 
minds of Goven-nor Chittenden and the Council in his favor ; 
while the faithlessness to which he confessed, tended to lower 



J:T8 HISTORY OF EASTERN VERMONT. [1783. 

liim in their estimation. " The Yermonters over the mountain," 
wrote the committee of Guilford, on the 17th of January, 1783, 
" still hold Colonel Church as prisoner ; and Colonel Samuel 
Fletcher, one of the Yermont Council, informs us that Colonel 
Church is to be hanged." His prospects had not improved in 
the beginning of February, for on the 6tli of that month 
Governor Clinton, in a letter to Colonel Floyd, said of Church : 
" He is still held in close confinement and threatened with 
execution." On the 22d of the same month "William Shattuck 
testified in an affidavit, that " it was the intention of the Yer- 
monters to execute Col. Timothy Church, who was still in con- 
finement in Bennington Gaol." Though neither Governor 
Chittenden nor the Council would have dared to punish the 
prisoner with death, yet they deemed it of advantage to pro- 
mulgate a report of this nature, hoping thereby to intimidate 
others who were ready to oppose the authority of Yermont.* 

The resolutions of the 5th of December, 1782, having been 
industriously published throughout the extent of Yermont, 
received from those who owed allegiance to that government 
the fullest condemnation. Thomas Frink, a physician, residing 
in Iveene, New Hampshii'e, in detailing a conversation which he 
had held in January, 1783, with Paul Spooner, at that time the 
Deputy Governor of Yermont, declared that the latter had 
avowed his determination to support and defend the state ; to 
execute its laws peremptorily ; to aid in punishing offenders ; 
and to act as heretofore he and his friends had done, notwith- 
standing the late congressional resolves. To Frink's question 
whether the Yermonters would dare to put to death those 
persons whom they had banished, provided they should return, 
Spooner answered that the people had made laws, and would 
be fools if they did not execute them when transgressed. On 
the 16th of the same month. Colonel Bradley of Westminster, 
with some of his townsmen, being in company'" with a number 
of men from Walpole at the former place, the anger of the 
party rose to so high a pitch, while discussing the character of 
the late resolves, that many of them " damned the Congress, 
and for the toast drank their confusion, and the health of King 
George the Third of England." Bradley then asked his Wal- 
pole friends whether they Avould assist the Yermont party in 

* George Clinton Papers in K Y. State Lib., voL xvii. docs. 4909, 4910, 4920. 
MS. Muster Rolls. Various 3ISS, 



1TS3.] EErOKTS CmCULATED BY THE VEEMONTEKS. 479 

case a continental force should, be sent to enforce the decrees 
of Congress. At the same time he declared that the Yermont 
people would resist any force which should be sent against 
them for that purpose, and that the inhabitants of Berkshire 
county, in Massachusetts, would aid them in the struggle. In 
language characteristic and expressive, Samuel Robinson, of 
Bennington, a leading man in the state, remarked that "the 
Yermonters are a Fixen a Pill that will make the Yorkers hum." 
Other Yermonters declared that " they would make Congress 
bite their fingers." "With a similar reference to some project yet 
undefined, Phineas Freeman, an ensign in the Yermont militia, 
prophesied in January, that " something would turn up within 
a month more detrimental to the Yorkers than anything that 
had ever happened to them before," and added that " the York- 
ers would not be so fond a month hence of calling themselves 
Yorkei*s as they had been heretofore." A deposition of Charles 
Phelps confirmed these statements. Tlie people of Yermont 
" are determined to fight," said he, " in opposition to the resolves, 
if any forces are sent to impel them to a submission thereto." 

In Windham county the citizens of Yermont were at special 
pains to spread reports of the measures they were prepared to 
adopt, should any demonstrations be made against them. In 
order to weaken the cause of their opponents, they endeavored 
to persuade them that there was no h(5nor in the character of 
Governor Clinton ; no faith in the promises of Congress ; and 
that Congress possessed no ability to carry their resolves into 
execution. They also asserted that New York was unable to 
defray the expenses of her militia service ; was destitute of any 
legislative acts by which to regulate it ; and that there was no 
provision of Congress relative to false imprisonment or banish- 
ment, which gave the right to pass such decrees as those of the 
5th of December. To these representations they added threats 
of a nature which not only excited susj^icions unfavorable to 
their loyalty to the American cause, but implanted in many 
minds the belief that Yermont would become a British province 
provided Congress should endeavor to divide her territory be- 
tween the contending states, or enforce laws which she deemed 
obnoxious or unjust. 

Tlie views of Governor CHnton at this period were ill calcu- 
lated to lessen the despondency of the ISTew York adherents. 
" The usurped government of Yermont," wrote he, on the 6th 
of February, to Col. Floyd, then in Congress, " have not, and I 



480 HISTORY OF EASTERN VERMOXT. [1783. 

may venture to assert will not, comply with tlie late i-esolntions 
of Congress, which their leaders feign to treat with the ntmost 
contemj)t. I am informed they openly assert that they have 
intimations from members of Congress, that notwithstanding the 
threats held out in the resolutions, no coercive measures will be 
pursued to enforce obedience to them. By these means they 
encourage their adherents, who begin to despond, to the show 
of resistance." Numerous affidavits from reliable sources con- 
firmed the opinions here expressed, and enforced the conviction 
that Congress were jDOwerless to compel obedience to the re- 
solves of the 5th of December, within the territory of the New 
Hampshire Grants. Li a few instances an opposite sentiment 
was entertained. On one occasion a certain Samuel "VVarriner, 
a Yermout justice of the peace, declared that he did not believe 
Vermont could " stand a state " unless the leading men in her 
government should submit to the late determination of Congress. 

Unwilling to yield while the least chance of success remained, 
the convention of committees from the towns owing allegiance 
to New York assembled at Guilford on the 17th of January, 
and appointed Daniel Shepardson their agent and bearer of 
dispatches to Governor Clinton. " We understand," said they, 
in one of the communications with which he was entrusted, 
" that the Yermonters do not intend to pay any regard to the 
resolutions of Congress, and we humbly beg and pray that the 
United States will take very speedy measures that the resolves 
of Congress be put into execution ; for unless they are, we must 
of necessity fall a prey to Yermont, and we would inform yom* 
honors that the major part of the people this side of the moun- 
tain will renounce Yermont provided Congress will protect 
them." Referring to the peculiarity of their situation, they 
acknowledged their inability to act without giving offence, and 
as they had done on former occasions, so now, they begged his 
Excellency to point out to them that course of conduct which 
would be of most advantage to themselves and least displeasing 
to their opponents. 

By the same messenger went a letter, dated the 19th of Ja- 
nuary, from Henry Evans, one of the four against whom sen- 
tence of banishment had been passed, but who, having dared to 
return home, was allowed to remain unmolested. Comparing 
the sentiments of the people of Eastern and "Western Yermont, 
he observed : — " I am credibly informed that the Yermont au- 
thority over the mountain holds Congress and all their resolves 



1Y83.] LETTER OF CHITTENDEN TO THE PEESmENT OF CONGRESS. 481 

in scorn and contempt. The Vermonters on tins side the nionn- 
tain say they will adhere to Congress, though they should re- 
nounce Yermont." For these reasons which he deemed cor- 
rect, although, as far as the majority of the inhabitants residing 
on the Connecticut were concerned, they were unwarranted and 
untrue, for these reasons, and because of a report that the peo- 
ple in and about Bennington, Manchester, and Arlington were 
threatening to make a hostile incursion for the purpose of 
distressing the Yorkers, he besought the Governor to use his 
influence to ensure the immediate enforcement of the resolves 
of the 5th of December. To these and other similar earnest 
entreaties, Clinton was unable to respond fully, both on account 
of the timidity of the government of his own state, and because 
of the uncertainty which Congress seemed to manifest concern- 
ing their right to enforce a compliance with the resolutions. 
Although cognizant, by affidavits and depositions, of many acts 
done in opposition to these resolutions, he was unwilling to send 
the i^roofs to Philadephia, lest they should be foimd to contain 
evidence of the evil conduct of individuals only, and not of the 
government of the state. Still he did not cease to write cheer- 
ingly to his unfortunate constituents, begging them to " perse- 
vere in the line of conduct heretofore pointed out to them ;" 
prophesying " a favorable issue '' to their difficulties ; and assur- 
ing them that nothing that might tend to their interest should 
be neglected by him.* 

The opposition to the late action of Congress, though at first 
manifested only in the conduct of individuals, as Clinton had 
suggested, was not long in assuming a more authoritative form. 
Upon the receipt of a copy of the obnoxious resolves. Governor 
Chittenden, in a long and elaborate letter to the President of 
Congress, under date of the 9tli of January, remonstrated 
against the positions therein taken, and supported his remon- 
strance by reciting the " solemn engagements " into which Con- 
gress had entered with Yermont ; by quoting from the letter 
which General Washington had addressed to him on the 1st of 
January, 1782 ; and by a method of reasoning which, if it was 
not entirely just, was yet plausible and clever. Referring to 
the transactions which had led to the passage of the resolutions 
of the 5th of December, his language was as follows : — " Al- 

* Various MS. Depositions, Affidavits, etc., in office Sec. State Vt. George 
Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4921, 4926. Pa- 
pers relating to Vt. Controversy, in office Sec. State N. Y., p. 50. 

31 



482 HISTORY OF EASTERN VERMONT. [1783. 

though this state is not amenable to the tribunal of Congress for 
the management of its internal pohce, I, nevertheless, will give 
tliem a brief narrative of facts relative to those dehnquents, in 
whose behalf Congress, in their resolutions of December last, 
have interposed. At the session of the General Assembly of 
this state in February, 1Y81, a general act of amnesty was 
passed in favor of such persons, within this state, who had pre- 
viously made opposition to its authority. Upon this they una- 
nimously submitted to this government, and all opposition to it 
ceased for more than one year, when the Legislature having 
ordered a certain quota of men to be raised in the several towns 
throughout this state, for the defence of its frontiers, evil-minded 
persons in the town and vicinage of Guilford, in the southerly 
part of the county of Windham, opposed the raising and paying 
of them ; and Governor Clinton of the state of New York, by 
letters to them and otherwise, interfered in their behalf, which 
caused a second insurrection in this state ; and though every 
prudent and lenient measure was taken by government to 
reclaim the offenders, they proved ineffectual. In the mean 
time, Governor Clinton gave commissions, civil and military, 
to sundiy of those disaffected persons, and they had the effron- 
tery to attempt to exercise the laws of the state of New York 
over the citizens of this state, when a military fol'ce was, by the 
direction of this government, sent to assist the sheriff of Wind- 
ham county in the execution of the laws of this state ; and the 
procedure of the court relative to the five criminals who were 
banished, and to sundry others who were amerced in pecuniary 
fines, was in due form of law. 

" The notorious Samuel Ely, who was ring-leader of the late 
seditions in the state of Massachusetts, a fugitive from justice, 
was one of the banished. He had left that state, and was be- 
ginning insurrections in this, when he was detected, and care- 
fully delivered to the sheriff of the county of Hampshire, in the 
state of Massachusetts, who, as I have been since informed, has 
secured him in gaol at Boston, to the great satisfaction and 
peace of that state. This same Samuel Ely, Timothy Church, 
and William Shattuck, who were three of the banished, haU 
previously taken the oath of allegiance to this state, and so had 
a greater part of those who were fined ; and every one of the 
ti|wns in which they resided, had, for several sessions of As- 
sembly, previous to their insurrection, been represented in the 
Legislatm-e of this state." Following up these statements by 



17S3.] ADDRESS OF THE GENERAL ASSEaiBLT. 483 

arguments based upon various congressional enactments, he 
strove to show that in the rulers of Yermont alone, was vested 
the right of exercising governmental powers within the bound- 
aries which they claimed as the boundaries of the state. His 
concluding remarks related to the question of the sovereignty 
of Yermont. " But admitting," said he, " that Congress have 
a judicial authority to control the internal police of this state, 
this state has an incontrovertible right to be heard in its de- 
fence, as a party (in law,), and should, on this thesis, have been 
cited by Congress to a hearing at their tribunal, previous to 
their having passed their resolutions of the 5th of December 
last, that this state might have had the privilege of vindicating 
its cause. But that Congress, at the special instance of Charles 
Phelps (a notorious cheat and nuisance to mankind, as far as 
his acquaintance and dealings have been extended), should 
come to a decision of so important a matter, ex parte, is illegal, 
and contrary to the law of nature and nations." 

Similar in tone, but more brief and less comprehensive, was 
the communication to Congress from the General Assembly of 
Yermont, dated the 26th of February. An expression of asto- 
nishment at flie means by which the passage of the resolves 
had been obtained — an expression resembling, and probably 
suggested by, that employed by Governor Chittenden in his 
letters, served to point the closing sentence of their remon- 
strance. " As we have, from the commencement of the war," 
wrote they, " braved every danger and hardship, against the 
usurpations of Britain, in common with the United States ; as our 
inherent right of sovereignty and jurisdiction stands confessed 
upon the principles of the revolution, and implied by the solemn 
transactions of Congress, we cannot but express our surprise at 
the reception of the late resolutions of Congress of the 5th of 
December, obtained ex parte, and at the special instance of an 
infamous person." Such was the decided manner in which 
Governor Chittenden and the General Assembly maintained 
their rights, in spite of the rage of New York and the enact- 
ments of Congress. 

Now that the government of Yermont had declared the late 
resolves obnoxious, the affidavits and depositions which Gover- 
nor Clinton had been at first unwilling to make public were 
sent to Philadelphia. Congress became cognizant of the fact 
that the authorities of Yermont not only, but the majority of 
the people as well, were not to be subdued by paper edicts or 



484 HISTORY OF EASTERN VERMONT. [1783. 

stern resolves. Chittenden liad truly said that Yermont was 
present in the disputed district, and in the actual possession and 
exercise of power, while New York and Congress were afar off. 
The significance of his language was now more painfully aj)pa- 
rent than all were willing to confess.* 

* Slade's Vt. State Papers, pp. lYS-lSV. 



CHAPTER XYin. 



THE DISOEDEKED CONDITION OF THE SOUTH-EASTERN POKTION OF 

VERMONT. 

Popular impressions — Charles Phelps returns home — Evans — Shattuck — Church, 
his imprisonment — His sufferings — His release — Timothy Phelps — His attempt 
to disperse the Superior Court — Is surrounded and surrenders his sword of 
office — His confinement in the jail at Bennington — Letters written while in 
prison — Maltreatment — Effects his release — Gov. Clinton's letter to Church — 
Social disorder in Guilford — Vermont Legislature in grand committee — Result 
of their deliberations — Act of the General Assembly — Seizure of Luke Knowl- 
ton — The examination of those engaged in the seizure — Ineffectual attempt to 
take Francis Prouty — Benjamin Carpenter taken by the Yorkers — Incidents — 
Petition addressed by the New York party to the Government of Vermont — 
Gov. Chittenden's reply — More depredations — Stephen R. Bradley's letter to 
the Guilfordites — Head-quarters of the state troops at Brattleborough — Daniel 
Ashcraft — Attack on the inn at Brattleborough — Oliver Waters taken — Re- 
taken by Joseph Tucker and his men — Tucker in pursuit of Timothy Phelps — 
Phelps taken at Hadley and carried off — Foray of the sheriff of Hampshire 
county, who releases Phelps — Tucker and his party tried and fined — Tucker's 
complaint. 

The New York party in Yermont, though reduced to a mino- 
rity, were still unwilling to abandon their cause. Startling 
reports of negotiations between the Governor and Council of 
Yermont on the one hand, and the agents of the British minis- 
try in Canada on the other ; the flight of Luke Knowlton of 
Kewfane, and Samuel "Wells of Brattleborough, on the receipt 
of information of the passage by Congress, in secret session, of 
a resolution authorizing their arrest by the Commander-in- 
chief, in consequence of " a dangerous correspondence and in- 
tercourse" in which they were said to be engaged " with the 
enemy ;" the constant passing and repassing of messengers ; the 
fact that passports could be obtained from Governor Chitten- 
den which would give the bearer a safe-conduct among the 
British in Canada — these and other circmnstances induced 



486 HISTOKT OF EASTERN VERMONT. [1TS3. 

many to believe that Yermont was preparing to desert the 
American cause, and influenced some to seek protection from 
New York. In the town of Putney, forty of the inhabitants 
who had formerly acknowledged the authority of the latter state, 
returned to their allegiance. In a petition addressed to Gover- 
nor Clinton, a number of the citizens of Hartford and Pomfret 
begged tliat they might be considered not " as those who had 
rebelled against the best of governments," when the district of 
the New Hampshire Grants should again become subject to 
New York.* 

Notwithstanding the determined opposition with which the 
government and people of Yermont received the resolves of the 
5th of December, those for whose relief they had been passed 
were not deterred from attempting to avail themselves of the 
rights which, according to these resolves, they were entitled to 
claim. Depending on the support of Congress, a certain Paul 
Nichols repaired to Bennington and endeavored to obtain pos- 
session of a gun and a quantity of ammunition which had been 
taken from him in the month of September previous. But 
Samuel Robinson, to whom he applied, denied that his property 
had been seized on the occasion referred to, and refused to listen 
to his application. 

Determined to await the decision of Congress, Charles Phelps 
had remained in Philadelj)hia until the resolutions had been 
approved of. On the 9th of December, 1782, he set out on his 
return, bearing dispatches to Governor Clinton. Owing to a 
heavy fall of snow and the impassableness of the roads, he did 
not reach Poughkeepsie until towards the close of that month. 
On arriving at Marlborough in January, 1783, he desired three 
of his friends to accompany him and be present when he should 
demand the restoration of his effects. Whatever his previous 
opinion may have been concerning the efficacy of the resolves 
of the 5th of December, he now became convinced that they 
would accomplish but little unless supported by a military 
force. His demands were treated with scorn, and he found 
himself unable to obtain restitution or damages. He was in- 
formed that his sword, which had been taken from his son's 
bedroom, was in the possession of a Dummerston man, who had 
sworn that Phelps should never " have it any other way " than 
by receiving it in his body. He was also assured that a war- 

* George Clinton Papers in K T. State Lib., vol. xvii. docs. 4939, 5055. 



^/^ :f/U^cA^ 



1783.] THE rOUK BANISHED TOKKEES, dtST 

rant for liis arrest was now in the hands of a Yermont deputy, 
and that he was Hable to be taken at any moment. For greater 
security, he left his home and family and took up his residence 
in Guilford, the stronghold of the New York party. Here he 
remained during several months, and to this town he often 
resorted at a later period when safety counselled concealment.* 

Of the four Yorkers who had 
been banished from the state and <^^^ /^ 

deprived of their property, Henry '^ff€4^P'yu^J0tl^^^ 
Evans, as has been already stated, J 

having dared to return, was, for 

some reason not apparent, allowed to remain unmolested, though 
he still preserved his former views, refused to submit to the 
claims of Yermont, acknowledged the authority of ITew York, 
and maintained a friendly correspondence with Governor Clin- 
ton in behalf of him- 
self and his associates. 
William Shattuck, af- 
ter an absence of more 
than two months, re- 
entered the state on the 

15th of December, 1782, and there remained among his friends 
until the beginning of the following January, when he received 
a summons from Governor Clinton, desiring his attendance at 
Poughkeepsie. His transactions with the Governor being ended, 
he returned home early in February, but had hardly become 
reinstated in his house when he was informed that a party, 
"employed by the express order of the pretended Superior 
court, in that district of country called the ISTew Hampshire 
Grants," were on the alert to arrest him. He accordingly fled 
to Guilford, confident that the Yermonters could not raise a 
force on the east side of the mountains sufficient to apprehend 
him while he continued under the protection of his friends in 
that town. But he did not remain here long. Being desirous 
of notifying to Governor Clinton the condition of himself and 
his friends, he again visited Poughkeepsie, where, on the 22d 
of February, he made a formal deposition before Robert Morris 
of such facts as he deemed important. A few days later he 
was sent with dispatches to Philadelpliia. Although a warrant 

* George Clinton Papers in K Y. State Lib., voL xvii. docs. 489'7, 4898, 4909, 
5009. MS. Depositions of Charles Phelps. 



488 HISTORY OF EASTERN VERMONT. [1783. 

for his arrest was in the hands of the proper officer, yet so long 
as he prudently refrained from rendering himself obnoxious to 
the laws of Yermont by special acts of disobedience, he was 
allowed to hold communication with his family without being 
moletsed.* 

The sufferings of 

^_ Timothy Church, as 

^„^ ^ has been previously 

^ ' f' y//~ y^^^ / shown, were more in 

^-^^^-z^?^A^ //U^€/^ accordance with the 

denunciations with 
which he and his friends had been threatened in the sentence 
of the Superior court. Having returned to Brattleborough on 
the 15th of December, 1782, he was seized on the 22d, in his 
own house, by a party of armed men, acting under the author- 
ity of Yermont, and taken to Westminster, where he was 
handcuffed and placed in jail. On the day following his arrest 
he was ironed, and conveyed across the mountains to Arlington. 
On reaching this j)lace his irons were removed, but on being 
brought before Governor Chittenden he was again shackled by 
direction of that official, and committed to the jail in Benning- 
ton. For the first half week of his confinement he was kept in 
icons both by night and by day. During the four succeeding 
days his irons were taken off in the morning and put on again 
at evening. Subsequently these restraints were entirely re- 
moved. Being regarded with especial distrust, since by his 
own confession he had opposed the officers of Yermont after 
subscribing the " freeman's oath," a petition, in which he beg- 
ged to be released, was viewed with but little favor by the 
Governor. But the temper which it displayed was regarded 
by some of the state Council as a favorable indication, and pro- 
bably secured for him milder treatment than under other cir- 
cumstances he would have received. With the design either 
of extorting a large sum of money from his friends for his ran- 
som, or of forcing him to an unconditional submission, or of 
intimidating others who might be inclined to disobey the laws 
of Yermont, a report was disseminated that he was to be exe- 
cuted, and he was advised to prepare for the fatal hour. The 
currency which this rumor obtained is evident from its frequent 

* George Clinton Papers in N. Y. State Lib., toI. xvii. docs. 4909, 4910, 4941. 
MS. Deposition. 



1783.] IMPRISONMENT OF CHURCH AND PHELPS. 489 

repetition in the letters written by various citizens of Yennont 
at that period. 

At the end of a month and a half the solitude and misery of 
confinement was made more tolerable by the presence of a friend 
— a political prisoner like himself — and from that time until 
the hour of his release, he found intelligent sympathy in the 
company of Timothy Phelps, the deposed sheriff of Cumberland 
county. Wearied with vain attempts to propitiate the govern- 
ment of Vermont, Timothy Church and Timothy Phelps deter- 
mined to notify to Governor Clinton their condition, in the hope 
of obtaining some relief through his interposition. The docu- 
ment in which they made known their situation and prospects 
was dated the 28th of March. It was drawn by Charles Phelps, 
and abounded in all that fulsomeness of diction and redundancy 
of expression, by which both his compositions and conversation 
were distinguished. Though intended especially for the peru- 
sal of the first person named in the direction, it was addressed 
to " His Excellency Governor Clinton, His Excellency General 
"Washington, and to the Honorable Continental Congress as the 
Supreme Council of the United States of America." Of the 
various topics discussed in this memorial — some of them wholly 
irrelevant and many of them unimportant — the most interesting 
to the prisoners were, without doubt, those which related to 
their situation and the irieans by which they could obtain relief. 
The description of their condition was sufficiently graphic. 
They are confined, wrote the amanuensis, " in the nasty, scan- 
dalous prison, erected by that detestable and most rebellious 
people, called the Vermonters, in Bennington." In summing 
up the causes of their unhappiness, the same fertile pen declared 
it to be immeasurably disgraceful for them to be compelled to 
suffer imprisonment "from that vile nest of detestable, sedi- 
tious Vermonters," more especially at that period " when the 
triumph of the American arms " was adding transcendent lustre 
" to the honor, dignity, and grandeur of the arms of their glori- 
ous allies both by sea and land ; reflecting lasting honor on the 
power, virtue, and courage of the house of Bourbon ; and as- 
serting the honor, establishing the grandeur, and eternizing the 
dignity and glory of his most Christian majesty's triumphant 
flag." ■ , 

Sentiments and words like these, although they might have 
been hailed as patriotic had they originated elsew-here, did not 
serve to aid those for whose benefit they were intended. On the 




490 HISTORY OF EASTERN VERMONT. [1TS3. 

contrary, it was noticed tliat from the day on wliich tliis grandi- 
loquent application was drafted, the jailer refused to supply 
Colonel Church with food. But his friends did not desert him 
in this emergency. The " good people of Guilford" contributed 
from their wasted estates liberally for his support; and from 
the money which they sent him he was enabled to supply his 
wants during the remainder of his confinement. From the let- 
ters which the prisoners themselves wrote while at Bennington, 
it is clear that the life they there led must have been odious in 
the extreme. " Our estates," said they, in a joint commimica- 
tion to Governor Clinton, dated the 10th of April, " our estates 
— everything that we had — are seized and sold ; our tamilies 
are in the gi'eatest want ; destruction has seized our habitations, 
and we are left by our masters to perish in prison. This has 
befallen us because we have been true to Congress, and faithful 
to the state which we have ever been in. If there is any pros- 
pect of our being released from this stinking jail, we should be 
glad to know it, for we cannot stand it much longer. We came 
home under the royal law of Congress. Tliat law Vermont 
pays no regard to, and without speedy help we shall sicken and 
die." In another letter to the same gentleman, dated the 1st 
of May, " It seems hard," they wrote, " that officei"s of a sove- 
reign state, who have jeoparded their lives in the high places 
of the field* against the powers of Great Britain, should be 
kept in close prison by enemies of the United States against 
the royal law of Congress." Though in terms like these they 
bewailed their misfortunes, yet they were not ignorant of the 
conditions on which release could be obtained. To submit to 
these conditions was, however, a humiliation to which for a 
long time imprisonment seemed preferable — a disgrace, the 
indignity of which was only to be incurred when all hope of 
relief from other sources had tailed. 

During the late session of the General Assembly, a law had 
been enacted on the 2-4th of February, intended to facilitate the 
return to their allegiance of those who were desirous of again 
becoming subjects of Vermont. In the preamble of the act a 
suggestion was entertained, that some of those persons who had 
lately been convicted " of conspiring and attempting an invasion, 
insurrection, and public rebellion" against the state, and had been 
banished therefor, were " penitent and desirous of returning to 

• Judges, chap. V. v. IS. 



1783.] RELEASE OF TIMOTHY CHUKCH. 491 

their duty." To this was added a declaration that the Assembly 
were desirous at all times of showing mercy, provided it could 
be done consistently with the public safety. On these grounds 
the Governor and Council "" were fully authorized and empow- 
ered," in the words of the act, " upon application to them made 
during the adjournment of this Assembly, to pardon any of the 
said persons who have been banished from this state by the 
Supreme court, as aforesaid, in as full and ample a manner as 
this Assembly could do if convened." At the same session 
another act had been passed, granting pardon to Tiinotliy 
Church who had been " found guilty of treason," but who had by 
his own petition declared his " sincere and hearty penitence, 
and a determination to behave orderly and submissive" in case 
he should receive forgiveness. The condition of pardon and of 
the remission of the sentence passed upon him in the month of 
September, 1Y82, was the payment of all costs which had 
accrued in consequence of his trial and imprisonment. 

Aware of these legislative provisions, and weary of prison 
life. Colonel Church at length applied for his release. In ansM'er 
to his application. Governor Chittenden informed him that, to 
obtain a discharge, he would be obliged to give his bond with 
surety for the payment to the treasurer of Vermont of £20 lOi?. 
lawful money of Massachusetts, the sum due for costs of trial ; 
and pay £4 lis. for seven weeks' board in jail. To these terms 
he consented, and on the 16th of May left a prison where he had 
dragged out nearly five months of confinement in cold, want, 
and pain. During the period of his banishment, his family had 
been permitted to reside upon and improve his farm, " by the 
permission and indulgence" of the state. The same privilege 
was now accorded to him. But his whole estate was stili 
regarded as confiscated, and levies were not unfrequently mado 
upon his cattle or his household goods, whenever a collection 
was to be made to replenish the treasury of the state. In a 
deposition which he made on the 24tli of June, referring to the 
sufterings to which he had been subjected, he stated that, " al- 
though no formal regular charge" had been exhibited again-^: 
him, he was satisfied that " the only cause for which he was 
apprehended and confined was his returning home after he had 
been banished," and that the cause of his banishment was the 
acceptance of a commission from the state of New York. Ou 
the same occasion he alfirmcd his loyalty in the most positive 
manner, declaring that he " never did acknowledge himself t^i 



492 HISTOKT OF EASTERN VEEMOKT. [1783. 

owe allegiance or subj ection to the pretended state of Yermont, 
but, on the contrary, had always, since the first attempt to 
establish that pretended state, claimed himself to be a subject 
of the state of New York."* 

At the close of his imprisonment at "Westminster, Timothy 
Phelps with his three associates, on the 4:th of October, 1782, 
had been carried across the Connecticut into New Hampshire, 
and there banished for ever from the state of "Vermont, the 
penalty to be death in case he should return. Finding himself 
free to travel anywhere except within the prohibited district, 
Phelps bent his com'se southward, and on reaching Hadley, 
Massachusetts, tarried there awhile at the house of his brother 
Charles. Thence he proceeded to Norwich landing, Connecti- 
cut, and was there residing with a brother-in-law when he heard 
of the passage of the resolves of the 5th of December. With 
full faith in the efficacy of their provisions he returned home in 
the latter part of January, 1783. The rejoicings of his family 
on this occasion were heartfelt and triumphant. They not only 
believed their troubles ended, but were confident that their 
fortunes were made ; that the estates which had been confis- 
cated would be restored ; and that immense damages would be 
awarded for false imprisonment, banishment, and threats of 
death. Though it is hardly possible that anticipations as bright 
as these could have met their full realization from any act of the 
people or government of Yermont, yet it is highly probable that 
Phelps, had he remained quietly on his farm, would have 
suffered little or no molestation. But such was not his nature. 

On the 4th of February, a session of the Superior court was 
held at Marlborough. The presence of the judges in his own 
town, before whom he had been tried and found guilty, and 
from whom he had received sentence of banishment, aroused 
within the breast of Phelps that old feeling of hatred, which 
absence from the scenes in which it had been most exercised had 
tended in some degree to abate. Confiding in the power under 
which he acted, and completely assured that no body of men 
claiming to be Americans would dare to disregard the decrees of 
the highest council in the United States, he boldly entered the 
court-house on the second day of the session, armed and garbed 
as a sheriff deriving authority from the state of New York. 

* George Clinton Papers, inK Y. State Lib., vol. xvii. docs. 4951, 5009, 5066, 
6105. Acts Gen. Ass. Vt, Feb., 1783. Slade's Vt. State Papers, pp. 467, 470. 



1TS3.] ExcrmsTG scene in the supekiok couet. 493 

Having reached a commanding position, he reminded the court 
that they were exercising a nsm'ped authority, and referring 
to their action on a former occasion touching himself, demanded, 
of them full and ample restitution for the injuries he had sus- 
tained by banishment, by the confiscation of his property, and 
by the loss of personal liberty. He then took from his pocket 
the resolves of Congress, but had hardly commenced reading 
when he was interrupted by the chief judge, the Hon. Moses 
Robinson of Bennington, afterwards Governor, who exclaimed : 
— " What supercilious arrogance have we here ? Sheriff, take 
that disorderly man into custody! We are not subject to the 
authority of Congress !" Tliese words, pronounced with emo- 
tion, and in a voice corresponding with a scene so strange and 
unexpected, threw the whole house into confusion, and put an 
end at once to the business of the court. 

Sharing in the astonishment which was visible in every coun- 
tenance, and confounded at the audacity of the veritable sheriff 
of Cumberland county, the Vermont sheriff. Dr. Elkanah Day, 
hesitated whether to obey the order or not. Noticing this 
indecision, Phelps, whose natural bearing was dignified and 
manly, drew himself up to his full height, and elevating his 
powerful voice, commanded, " in the name and by the author- 
ity of the state of New York, and of the Continental Congress, 
the unlawful assemblage before him, forthwith to disperse." 
Tlie courage manifested in the attitude he had assumed, sus- 
tained as was boldly claimed by a power capable of making 
itself respected, was not without its effect on the audience. 
However the authorities of Vermont might despise and resist 
the laws of New York, they could not be blind to the fact that 
on many occasions Congress had been the sheet-anchor of their 
hopes, the promoter of their welfare, the defender of their 
hearths and homes. For a moment, refiections like these 
seemed to pervade the thoughts of all present. The Vermont 
sheriff, as he stood confronting the man who claimed his title 
and office, seemed perplexed. At this juncture the voice of 
Judge Robinson was again heard : — " Sheriff, do your duty ! 
Imprison the convicted traitor !" Commanding the populace 
to render their assistance in case he should require it. Dr. Day 
drew his sword of ofiice and prepared to make the arrest. 
Phelps seeing that resistance would be useless, that popular 
feeling was against him, and that there were none present to 
support him in case he should attempt his own defence, quietly 



49-i mSTOKY OF EASTERN YEKMONT. [1783. 

awaited the result. The sheriff approached. " "What is your 
will, sir ?" demanded Phelps, as he laid his hand on the hilt of 
his sword. '"You are my prisoner, disarm yourself!" replied 
the sheriff. While engaged in unbuckling his sword-belt, 
Phelps turned towards the crowded assemblage and said, " Fel- 
low-citizens of Cumberland county, your sheriff is deserted ; his 
lawful authority is disobeyed ; I yield to brute force." Ad- 
dressing, then, the officer, he reminded him that the usurped 
authority under which he acted, would, in all probability, be 
of short duration ; that Congress were willing, ready, able, and 
had pledged their honor to execute their decrees ; and that a 
terrible retribution for the deeds of that day would soon over- 
take him and the masters he served. With these sentiments 
on his lips, Phelps placed the hilt of his sword in the hand of 
liis opponent, and yielded himself a prisoner. 

While the sheriff was bearing him off, the populace, the ma- 
jority of whom were his near neighbors, followed in disorderly 
procession. Though up to this hour they had been in the daily 
practice of interchanging with him the civilities of friendship ; 
though many of them had often received assistance and kind- 
ness at his hands ; though some w^ere even then living on farms 
which they had obtained by his aid — forgetting these favors, 
they were now foremost in heaping condemnations upon him, 
on account of his political offences. As they crowded around 
him, they gazed at him with the same sort of curiosity in their 
looks and actions, as they would have shown had he been a 
chained lion, just taken from the forest, whom his keejiers were 
conveying to his cage. Until a decision should be made as to 
his future treatment, Phelps was placed in the guard-house at 
Marlborough. Opinions were various as to the course which 
should be pursued towards him. By some he was adjudged 
guilty of death, since he had rendered himself liable to the 
penalty denounced against him in case he should return. There 
is a tradition that he was even sentenced to be hung ; that he 
was informed by those who came to visit him that his doom was 
fixed ; that the rabid language of the multitude, which he was 
compelled to hear, justified the sacrifice that was to be made ; 
and that the reflections natural to one placed in a condition so 
solemn as was his, were disturbed by the sounds which echoed 
trom the blows of the workmen as they fashioned in the jail- 
yard the gallows on which the traitor was to die. 

Ilajjpily for all parties, gentler counsels prevailed. Prudence 



1Y83.] SUFFERINGS OF TIMOTHY PHELPS. 495 

or liiimanity dictated another course. Before the court had 
closed tlieir session, the sheriff received an order " to transport 
Timothy Phelps, by the nearest and most convenient route, to 
Bennington jail, and commit him to the keeper thereof, to await 
the further order of the law in his behalf." He remained dur- 
ing the rest of the week at Marlborough, under the care of a 
guard of armed naen, who at the end of that time escorted him 
across the mountains, and on the lltli of February lodged him 
in Bennington jaiL Thus was Timothy Phelps, in the dead of 
a Vermont winter, incarcerated in a cold and cheerless prison 
with common felons. He was not, however, entirely deprived 
of sympathy. In the company of his friend and fellow-sufferer, 
Timothy Church, he passed many an hour which v/ould other- 
wise have been devoted to the most mournful reflections. Be- 
ing permitted to maintain a correspondence, he beguiled his 
moments by writing to his family, and to others whom he be- 
heved interested in his condition. From the first letter which he 
wrote, jointly with Col, Church, to Governor Clinton, and from 
the petition drawn by his father, Charles Phelj)s, which accom- 
panied it, extracts have been already given. Another commu- 
nication from the pen of the latter gentleman in behalf of the 
prisoners, bearing date the 8th of April, shows that Church was 
not alone in being thrown upon his friends for support. " My 
son has again sent to me for more money to subsist himself upon 
in prison ;" wrote Charles Phelps, " how I can get it I know not." 
It is from the letters of Timothy Phelps himself, however, that 
a true idea may be formed of his condition while in the jail at 
Bennington. " You must excuse my scrawl for I wrote it on my 
knee," he remarked at the close of a letter to Governor Chnton, 
dated the 1st of May. " I meet with insult on insult," wrote 
he in another portion of the scrawl. " Vermont authority have 
seized and sold all my goods, chattels, and estate, and they 
keep me close confined in jail without any kind of support. 
My money is all gone, and I live upon the charity of my 
friends. My family are put to the greatest straits. My health 
decays, and when hot weather comes I don't know what I shall 
do. Tlie officers of Vermont tell me that I shall be in jail to 
all eternity unless I petition to their Governor. I teU them I 
will see them aU damned before I will, without Congress shall 
make them a state. It is to my own masters I stand or fall." 
Proving thus his loyalty both by his words and his deeds, he 
besought Clinton to inform him whether there was any proba- 



496 HISTORY OF EASTERN VERMONT. [1783. 

bility that Congress would make any exertions to enforce the 
" rojal law " of the 5th of December last, trusting to which he 
had returned in spite of the sentence of banishment which had 
been passed upon him.* 

In a subsecpient communication, he again reminded Governor 
CHnton of the losses he had sustained, and of the privations he 
was enduring in consequence of his attachment to Kew York. 
Then referring to the last attempt that Congress had made to 
relieve the subjects of that state, he exclaimed : — "If the au- 
thority of thirteen sovereign states cannot put one law in force 
so just as this is, too — a law built on holy writ — the Lord have 
mercy on them !" " I am in a much worse situation," he added, 
" than Col. Church was. They have ruined and undone me, 
and now they seek my life to take it away. I cannot consis- 
tently with my oath do anything towards petitioning the autho- 
rity of Yermont, before I hear from my Governor. Tlierefore, 
if there is no beam of hope that Congress will ever put that law 
in force, I wish I might know it. Then the world will know 
that the authority of Thomas Chittenden, Esquire, is above that 
of all the rest of America." 

Tlie meat which Phelps was compelled to eat was that which 
had been condemned as unfit for others. The cruelty of the 
treatment he experienced, and the loathsomeness of the prison, 
reduced him to " a low, languishing, and sickly condition," 
which led him to apprehend that death would soon put an end 
to his troubles. Not content with subjecting their prisoner to 
the rigors of cold, hunger, and confinement, some of his more 
thoughtless persecutors often amused themselves by reviling 
Gongi'ess, and cursing the troops of the United States in his 
presence, for the purpose of engaging him in an argument. 
On one occasion the sherifi" of Bennington county came to him 
in the dead of night, and told him he was to be hanged in three 

* The letter from which the above extracts have been made, was foimd by 
John D. Fonda, at a town-meeting in " Hoosick District," a few daj-s after it was 
written, " passing from hand to hand," and was by him forwarded to its destina- 
tion. In the note wliich he sent with it, dated May 8tli, 1783, he said : — " A few 
days ago I sent some money to Col. Church, understanding his necessity in gaol, 
and I believe the within letter was meant to be given to me to send to your 
Excellency. The prisoners not only receive hard usage and threats, but are 
sometimes thirty-six hours, as I hear, without anything to satisfy their craving 
appetites. I would have gone myself to see the gentlemen, but, to tell your 
Excellency the truth, it is not safe for me to go to the gaol to support them." 
George Clinton Papers in N. Y. State Lib., vol. xvii. doc. 5042. 



17S3.] CHAKACTEEISTIC CONDUCT OF ETHAN ALLEN. 497 

or four dajs. " I am surprised," remarked Phelps "vvitli compo- 
sure, " that you should presume to execute the high-sheriff of 
the county of Cumberland, in the state of New York, which is, 
by the grace of God, free and independent.'' Tliis answer 
enraged the Vermont sheriff, and a violent discussion ensued, 
which ended in a repetition of the threat with which tlie con- 
versation had begun — a threat intended only to frighten. Hop- 
ing to obtain, at least, temporary relief, Phelps reminded Judge 
Kobinson of the disregard paid to the resolves of Congress by 
the very cruelty wath which he was treated. But the Judge 
informed him that he looked upon Congress with the utmost 
disdain, and asked him how he could suppose the people of 
Vermont could do otherwise than coincide in this sentiment. 

During his confinement he was sometimes visited by Ethan 
Allen, whose tyrannical manner, always unpleasant, was parti- 
cularly distasteful to the imjsrisoned official of Cumberland 
county. With his accustomed oath, as familiar to his lips as 
" B}^ the Eternal" is said to have been to the lips of Jackson, 
Allen would often swear before him that " he would march 
into Albany with his Green Mountain Boys, and set up and be 
absolute monarch of all America." His language on other 
occasions was mingled with that bitter sarcasm so peculiar to 
himself, and so forcible when he chose to employ it. " Con- 
gress cannot release you," said he to Phelps ; " I swear tliey 
can't." " I have written largely," he continued, " concerning 
the rights of Vermont in books that have been 2:)ublished to the 
world, and I have also written a remonstrance against these 
resolves of Congress. All the w'orld knows that Congress can't 
break up states, much less this state wdiich is the oldest in 
America." " You have called on your god Clinton," he added, 
in a manner as taunting as was that employed by Elijah towards 
the prophets of Baal, " you have called on your god Clinton till 
you are tired. Call now on your god Congress, and they will 
answer you as Clinton has done." 

Spring had passed, the summer had begun, and the suffer- 
ings of Phelps, whose condition would have been comparatively 
comfortable had he been treated like a common prisoner, had 
become almost intolerable. Allen had counselled him to apply 
to Governor Chittenden for relief, and the silence of Governor 
Clinton, of whom Phelps had asked advice, was construed as 
favoring this course. At this juncture he was visited by his 
wife, who, with her infant six weeks old, and her brother a boy 

82 



498 HISTORY OF EASTERN TERMONT. [1 ( S3. 

of sixteen, had crossed the mountains on horseback for the pur- 
jDose of effecting the liberation of her husband. The appeal 
which she made to Dr. Joseph Fay, in behalf of the prisoner, 
was not without effect. " Let him now," said the Doctor, 
" abandon those who have abandoned him ; adhere to the laws 
emanating from an authority able and willing to protect him ; 
and give us his word of honor that he will do so, and he may- 
be assured that he will thereupon be liberated from prison and 
protected in his rights." Having determined to obtain his re- 
lease, if possible, Phelps j)resented to the Council of Yermont, 
who were then convened at Arlington, a petition in which he 
prayed to be discharged from the sentence of the court which 
had been passed upon him in September last, and j^romised 
"allegiance and obedience" to the laws of the state. Tlie 
Council required him to j)ay the costs of the trial which had 
resulted in his imprisonment, together with the charges arising 
from his commitment and support, and to give a bond with 
large security for his good behavior. With thes« terms he 
complied on the 24th of June, and thus was ended an imprison- 
ment whose effects, both on the body and the mind of the suf- 
ferer, ceased only with his life.* 

On the 15tli of June, Charles Phelps was informed that a 
number of the people of Yermont were coming with an armed 
force to seize him and others, with the intention of confining 
them in the jail at Bennington. To avoid the danger he fled 
to Poughkeepsie, and, in a deposition drawn by Governor Clin- 
ton, declared his belief that there was a plan on foot to arrest a 
number of the principal persons opposed to " the pretended 
state," in order that the collection of Yermont taxes might be 
rendered more easy. On the same occasion, Timothy Church 
committed to writing an account of the indignities he had been 
compelled to suffer. As a result of' the information thus com- 
municated. Governor Clinton, on the 24th of June, addressed to 
the latter gentleman, who was about to return to Cumberland 
county, a letter of advice in these words : — 

" In consequence of the communications which have been 
made to me by Mr. Phelps and yourself, with respect to the 
present situation of the subjects of this state in Cumberland 



* MS. Narrative of the Phelps Family. MS. Deposition of T. Phelps, Feb'v 7th, 
1784. Records of Yt. Council. George Clinton Papers in KY. State Lib., vol. 
xvii docs. 4939, 5009, 5042, 5066. 



1783.] Clinton's letter to TniOTHY chubch. 499 

countj, and tlie dangers wliicli tlie}^ appear to be threatened 
Mdth, I would advise yon in case of an attempt by the usurped 
government of Vermont to compel obedience and submission 
from any persons claiming to be subjects of this state, to call 
out your regiment under the militia law, and, by opposing force 
to force, endeavor to quell the insurrection : and if any of the 
inhabitants j)rofessing to be subjects of this state should be 
made prisoners by the authority of the usurped government, I 
would advise you to retaliate by taking as many of the insur- 
gents, and detaining tJiem under secure conduct as hostages, 
until the matter can be represented to Congress. In order that 
3"0u may be prepared to defend yourselves against these vio- 
lences, it now becomes your duty particularly to see that your 
regiment is properly j)rovided and equipped with arms and 
ammunition, agreeable to the directions of the militia law. I 
would, at the same time, again impress you with the propriety 
of still strictly observing the resolutions of Congress, recom- 
mending peace and forbearance, and that you in nowise be the 
aggressors, and would earnestly advise you to use every pacific 
mean consistent Math the obligation of allegiance to this state, 
for preventing matters from being brought to a decision by 
arms, and that in no instance you recur to force, unless your 
persons or properties are in certain immediate danger. Taking 
due care at the same time to guard against surprise, I shall 
take the earliest opportunity of transmitting to Congress the 
depositions of yourself and Mr, Phelps, informing of the treat- 
ment you and Mr. Timothy Phelps have received from the 
usurped government, and I have no doubt that Congress will 
discover the necessity of their immediate interference for your 
relief and protection, agreeable to the public faith solemnly 
pledged in their resolutions. 

" From the communications made to me by the delegates 
of this state, I have reason to believe that if the attention of 
Congress had not been necessarily diverted from the subject, 
first by the deranged state of our public affairs, and after- 
wards by the great event of a peace, they would ere this 
have taken measures for enforcing obedience to their re- 
solutions, and have determined as to the boundaries of the state. 
And I flatter myself the question will very soon be resumed 
and decided. 

" There are many considerations which I forbear repeating, 
and which should induce us to rest the determination of this 



500 HI8T0KY OF EASTEKN VERMONT. [1783. 

matter with Congress, in whose justice we ought to have the 
fullest confidence, and who can command the force of the 
United States to carry their decisions into effect."* 

Such was the language in which Governor Clinton endea- 
vored to relieve the despondency of men, who, like Church and 
the Phelpses, were daily subjected to indignities or derision on 
account of their loyalty to New York. 

During the summer of 1783, although no outbreaks worthy 
of especial note occurred between the two parties, yet their sus- 
picions of one another increased daily. In Guilford the York- 
ers held the power and prevented the Vermonters from execut- 
ing their laws and collecting taxes. But this exercise of author- 
ity did not prevent the Yermonters from maintaining a cor- 
respondence with the state government. By means of commit- 
tees, the Council were informed of the movements of the oppos- 
ing party, and a knowledge of this communication served as a 
partial check upon the conduct of the Yoi-kers. The result of 
sucli a condition of affairs was mutual terror and distrust. 
Arms were carried — by the bold openly for assault when oppor- 
tunity offered, by the timid secretly for defence when necessity 
compelled. Houses were divided — the father upholding the 
jurisdiction of New York, the sons maintaining the supremacy 
of Yermont. Friendships the most intimate were disturbed. 
The word neighbor carried no meaning with it beyond the idea 
of contiguity. The physician could not visit his patient in 
safety unless protected by a pass. The minister of the gospel 
failed to enforce the doctrine of Christian charity on the hearts 
of men who knew none for one another. Letters from Governor 
Cliittenden were circulated by the one party, denouncing the 
severest retribution upon those who should disregard the laws 
of Yermont. Words of encouragement issuing from Governor 
Clinton were repeated by the other party with great unction, 
and better times were prophesied when Congress should enforce 
the claims of New York. Handbills, inflammatory in nature 
and un conciliatory in spirit, were posted on tavern, and on 
dwelling, and on fence ; were seen peering from tlie pockets of 
sturdy farmers ; and were thrust under doors at night to be 
picked up and read in the morning. Social order was at an 
end. The farm and the workshop were neglected. But for the 
mutual suspicion that lurked in every eye and burned for utter- 

• George Clinton Papers in N. Y. State Lib., voL xvii. docs. 5104, 5105, 5106. 



1TS3.] KESOLUTE ATTITUDE OF THE NEW YORK PAETY. 501 

ance on every tongue, one would have supposed that an Indian 
force was expected, as in earlier times, that had vowed to 
ravage the fields, burn the village, and murder the people. 
Sometimes the Vermont authorities would determine to arrest 
a " violent Yorker." A scene of confusion would ensue resem- 
bling the beginning of a civil war. The pay-rolls, which are 
still preserved, bear witness to the frequency of the calls made 
upon the soldiery on both sides of the mountains to " go on an 
expedition to assist the sheriff in Windham county." 

The resistance of the New York party had now assumed a 
form so determined, that the government of Vermont were 
convinced, that, unless speedy and stringent measures were 
taken, results would follow which might be fatal to the w^ell- 
being of the state. At the autumnal session of the Legislature, 
the condition of the state was the principal topic of discussion. 
To ascertain the views of all to whom the administration of the 
government had been entrusted, the Governor, the Council, and 
the General Assembly united in grand committee on the 22d 
of October, and in this capacity held a long and serious consul- 
tation. Forcible resistance was deemed the only remedy which 
could be applied with any hope of success, and the measures 
recommended were consequently of this nature. The report of 
the committee was readily adopted by the General Assembly, 
and an act was passed for " the purpose of raising one hundred 
able, effective men to assist the civil authority in carrying into 
execution the law in the southern part of the county of Wind- 
ham." In the preamble of this act it was stated that a number 
of persons living in the southern part of the aforesaid county, 
had banded together " to oppose sheriffs, constables, and col- 
lectors in the due execution of their offices," and in many 
instances had proceeded to "outrageous abuses" which threat- 
ened the ruin of government unless speedily remedied. 

The command of this special company of state troops was 
entrusted to Col. Benjamin Wait; and to him and to Brig.- 
Gen. Samuel Fletcher power was given to discharge the new 
levies within the six months for which they were to be enlisted, 
provided they should have accomplished the end desired before 
the close of that period. The}^ were required to furnish them- 
selves with arms, but the commissary-general was directed to 
supply them with ammunition, provisions, and " spirituous 
liquor." In the subsequent deliberations of the grand com- 
mittee it was distinctly asserted that the intention of govern- 



502 HISTORY OF EASTEKN VERMONT. [1783. 

ment Avas not " to be severe " with those who had heretofore 
opposed the hiAvs of Vermont, provided they should now become 
citizens of the state. Colonel Wait was accordingly directed 
to issue special orders to his men, not to meddle with the person 
or property of any who should quietly submit. The committee 
also announced that those who should voluntarily yield, and 
take the oath of allegiance to the state, should not be prose- 
cuted on the part of the freemen of the state, until the rising of 
the next session of the Legislature, and, in addition to this con- 
cession, engaged at that time to pass an act of pardon in their 
favor, in case they should petition for forgiveness. At the same 
time the comndttee notified their intention of using their influ- 
ence to persuade the Governor and Council to remit the fines 
which had been previously levied on the Yorkers. In closing 
their consultation, they declared that the only Avay in which 
those who had sustained losses by confiscation could receive 
remuneration, was by submitting to government and asking 
compensation of the Legislature.* • 

In conformity with the spirit exhibited in the conciliatory 
portion of the deliberations of the grand committee, the Gene- 
ral Assembly, in a formal resolution passed on the 23d, 
requested Governor Chittenden to issue his proclamation, 
offering a free and ample pardon to all persons resident in the 
southern part of Windham county, who, having heretofore 
opposed constituted authority, should now take the oath of 
allegiance before any justice of the peace, within thirty days 
after the promulgation of the offer of forgiveness. On the 
same day an act, displaying a different temper, was passed by 
the General Assembly, " to prevent the inhabitants of ISTew 
York being allowed greater privileges within this state than 
the inhabitants of this state are allowed within the state of 
New York." By this act it was settled " that no person or 
pereons, being an inhabitant or inhabitants of, or residing within 
the jurisdiction of the state of Xew York, shall, within the 
time of his, her or their residence as aforesaid, commence any 
suit or suits at law, within the jurisdiction of this state, against 
any inhabitant or resident thereof, for any civil matter or con- 
tract, until the Legislature of said state of New York shall 
allow the inhabitants of this state full liberty to commence the 

* Tliompson's Vt. Gazetteer, pp. 142, 143. MS. Report of Grand Committee, 
Oct. 22d, 1783. Blade's Vt State Papers, pp. 476, 477. 



1783.] AJIKEST OF KNOWLTON BY THE YOKKERS. 603 

like suits within tlieir iurisdiction, and without any such lets 
or hindrances."* Upon the majority of the Yorkers these 
measures — some of them defiant, others protective, and still 
others persuasive — tended to produce an effect contrary to that 
which had been expected. Opposition served to unite them, 
and until they should find defeat inevitable they resolved to 
withstand the execution of laws originating in an authority 
which they did not acknowledge. At the same time they 
were equally determined to pursue such a course on other 
occasions, as they should deem best calculated to promote the 
interests of New York and of the United States.f 

Owing to the part which they had borne in the negotiations 
which Yermont — not only for her own safety as a state, but 
also as a supporter of the cause of America — had been com- 
pelled to carry on with the British in Canada, Luke Knowl- 
ton and Samuel Wells had been suspected of being in the 
service and pay of the enemy. For this reason Congress, in 
secret session, had on the 2Tth of !N"ovember, 1782, ordered 
their arrest. But they, having received notice of the order, 
had escaped before the officer, sent to take them, could arrive. 
A year had passed since the occurrence of these transactions, 
and Knowlton, having returned home, was now residing at 
Newfane. Many of the Yorkers still supposed him to be 
in league with the British, and for this reason were desirous of 
securing him, or of removing him to some other state. With 
this intention, Francis Prouty, Thomas Whipple, and Jonathan 
Dunkley of Brattleborough, John Wheeler and Darius Wheeler 
of Newfane, and a number of others,:}: being armed, as was 
represented, with " clubs, guns, swords, pistols and bayonets," 

* Slade's Vt. State Papers, p. 475. 

f The annexed extract from a newspaper published at this period, contains a 
brief account of the submission of tlie citizens of Halifax to the authority of 
Vermont. The course pursued by them, was the reverse of that adopted b}' 
many of their neighbors. 

" Windsor, Vermont, December 8, [1783.] Advices from the lower part of 
Windham county mention that the inhabitants of the town of Halifax, who 
have heretofore refused to support the authority of Vermont, and acted in 
opposition to its government, have lately come in almost to a man, taken 
the oath of allegiance, discharged their arrearage taxes, and appear desirous to 
assist in quelling those disturbers of tlie public peace, who have long infested the 
soutliern part of this state." — Boston Evening Post, Saturday, January 3d, 1784. 

t David Howe, Samuel Noble, Ephraim Knapp, Ephraim Rice, Jonathan Stod- 
dard, Isaac Kendall, and Isaac Crosby were participators in the seizure — MS. 
Court Records. 



504: HISTORY OF EASTERN VERMONT, [1TS3. 

assaulted his house about two o'clock on the morning of the 
16th of November, 1783, and, having made a forcible entrance, 
took him prisoner, conveyed him across the line of the state 
into Massachusetts, and there left him. As soon as the seizure 
of Knowlton had transpired, Brig.-Gen. Fletcher gave orders 
for the military to assemble. With prompt obedience more 
than a hundred men belonging to the regiment of Col. Stephen 
R. Bradley and Col. John Sergeant rendezvoused and reported 
themselves ready to act as their leaders should command. But 
the return of Knowlton after a short absence, and the disper- 
sion of the Yorkers, rendered their services unnecessary, 
and prevented a meeting which might have proved disastrous 
to both parties. 

The matter was not, however, allowed to rest here. On the 
18th of November a complaint was entered against the 
rioters by Edward Smith, a constable of Newfane, and a M'ar- 
rant was issued by Samuel Fletcher as one of the Councillors 
of the state, for their arrest. Thomas Whipple and John 
Wheeler were taken without difficulty or delay, and a justices' 
court was immediately organized — Samuel Fletcher, who was 
also a civil officer, ]')residing — for the examination of the delin- 
quents. Whipple, being charged with an assault, acknowledged 
his guilt, and stated that he with a number of others had, in 
obedience to the commands of Francis Prouty, assisted in 
carrying Knowlton withoiit the bounds of Yermont. Having 
given bonds in the sum of "£100 with sureties for his appear- 
ance, he was dismissed until the next session of the Superior 
court. The result of Wheeler's examination is not recorded. 
A few days later Jonathan Duukley was arrested, and on exam- 
ination had before Mr. Fletcher, on the 27th, was recognised in 
the same amount of bail that had served to effect the temporary 
release of Whipple. The constable's returns show that he further 
succeeded in taking " the body of Darius Wheeler," on the Sith, 
and that John Wheeler became responsible for his appearance 
before Mr. Fletcher. No account of his examination has been 
preserved. The chief offender, Francis Prouty, was still at large, 
and it was well known that it would not be as easy to secure 
him as it had been to secure his abettors. When the brave 
deputy sheriff, Barzillai Rice, sought for him, he found him, on 
the 1st of December, at home, in company with five of his neigh- 
bors. The little party were well provided with guns and pitch- 
forks, the latter having been turned from a peaceful use to a 



17S3,] VAKIOUS CAPTUKES. 505 

service of an opposite nature. On approaching the Louse, 
the deputy was confronted by Proutj, who, in language 
striking and emphatic, warned him to desist, and declared 
he would " be the death of him," or, at the least, would " let out 
his guts," in case the deputy should attempt to enter his domicil 
or touch his person. Well knowing that the pitchfork by its 
peculiar conformation, is admirably adapted to inflict wounds 
of a remarkable nature, the deputy resolved to finish his call at 
]VIr. Prouty's on some other occasion, when, even if his official 
presence should not be more acceptable than now, his person 
might be more secure. 

The day that witnessed the defeat of the deputy at Brattle- 
borough, by means of " guns and pitchforks," beheld an assem- 
blage at Guilford numbering more than seventy Yorkers, armed 
" with dangerous and off'ensive weapons." Tlieir rage on this 
occasion was directed against Benjamin Carpenter, a staunch 
Vermonter, who had already held many important positions 
both on the field of battle and in the administration of govern- 
ment, and of whose phj'sical and mental condition combined 
his epitaph has preserved a quaint record, which declares that 
his " Stature was about six feet. "Weight 200. Death had no 
terror." But even these qualifications, sufficient to disarm the 
last enemy of his power, were not of a nature to protect their 
l)ossessor from the attacks of an earthly foe. He was taken 
prisoner by the Yorkers,* and carried away " to his great 
damage." There is no written, printed, or traditional account 
to show in what this damage consisted, nor is there reason to 
believe that it was very serious in its nature. Whatever it 
might have been, he survived it many years, and lived to see 
the final establishment of the state, of whose constitution and 
government he was a founder. Occurrences like these were 
sufficient to convince the government of Vermont of the deter- 
mined nature of the opposition of the Yorkers. Betaliation, as 
on former occasions, was again resorted to. 

Though William Shattuck had not been released from the 
penalties which had been imposed upon him by the decree of 
banishment, yet so long as he refrained from inimical acts he 

* The more prominent actors in this seizure were, Abraham Avery, Cyril Car- 
penter, James Davison, Hezekiah Broad, Henry Evans, Nathaniel Carpenter, 
Adonijah Putnam, Joshua Nurse, Jotham Bigelow, Newell Earl, Henry Evans Jr., 
Joseph Peck, Daniel Ashcraft, Joseph Shepardson, David Goodenough, all of Guil- 
ford ; Charles Phelps of Marlborough ; and Eleazer Church of Brattleborough. 



606 HISTORY OF EASTERN VERMONT. [1783. 

was allowed to Ih^e in the undisturbed possession of liis house 
and farm. Still he was obliged to render to the treasurer of 
the state of Yermont an account of the income and expenses of 
his estate. Having again become obnoxious to government, he 
was arrested on the 25th of December bj Oliver Waters, a 
Brattleborough constable. Being placed in charge of a guard 
commanded bj Major Bojden, he was conveyed to Westminster. 
Here, after undergoing an examination before Justice Nathan 
Fisk, in consequence of the disregard he had shown to the sen- 
tence by which he had been forbidden to return on pain of 
death, he was sentenced on the 2Tth to be imprisoned in " Ben- 
nington Gaol," without " bail or mainprize," until he should be 
discharged by due course of law. Again, under the direction 
of Waters and his posse, he was escorted across the mountains 
to his place of destination, where he was confined in irons on 
the 3d of January, 1784,* 

Kindly treatment had also been manifested towards Charles 
Phelps, although he had been indicted at the same time that 
his four friends were banished. By a resolution of the General 
Assembly of Vermont, passed on the 20th of October, 1783, 
Governor Chittenden had been requested to grant him permis- 
sion to visit AVestminster ; to attend upon the deliberations of 
the General Assembly then in session at that place ; and to 
return to his place of abode. This request was complied with 
on the 21st of October, and he was allowed " to pass unmolested 
from Walpole" to Westminster, there to remain during the 
Governor's pleasure, and thence to return to Walpole. All 
persons were warned to take notice of this permission, and to 
" govern themselves accordingly." Subsequent acts of opposi- 
tion again brought him into a hostile position in the eyes of the 
Yermonters. On the 3d of January, 1781, a warrant was issued 
for his arrest. Being taken on the 4th he was imprisoned in 
the jail at AVestminster, and the keeper was ordered to retain 
him in custody until the courts should declare their opinion 
respecting his future treatment.f 

Terrified at the summary manner in which the government 
of Yermont appeared determined to treat its opponents, a number 
of the most prominent adherents of the New York party assem- 
bled at Brattleborough on the 6th of January, and addressed a 

* SIS. Court Records. Papers in office Sec. State Vt. MS. Papers of S. R. 
Bradley. 

f MS. Papers of S. R. Bradley. 



178 Jr.] PETITION TO GOVERNOR CHITTENDEN. 507 

petition to the authorities of the state, couched in these words : 
" Whereas the exigences of the people living in sundry of the 
towns on the Grants, viz., Brattleborough, Guilford, Hinsdale, 
and others, demand the most serious consideration of the 
virtuous citizens both of the subjects of New York and Yer- 
mont, and a zealous assiduity to come to some equitable and 
salutary measures to prevent aU kinds of severity against each 
other, or any hostile measures which will finally bar the bene- 
volent exertions of the subscribers in their humble address to 
the authority of Yermont. 

" Therefore it is most humbly prayed and earnestly* desired 
by each of us, the subscribers, that the authority of Yermont 
would immediately release Major Shattuck and Esquire Phelps 
from their present imprisonment ; also cease from acts of the 
like kind, and restrain the troops raised and to be commanded 
by Colonel Wait, from marching for the support of the govern- 
ment, until the rising of the next session of Assembly in Febru- 
ary next, at which session of Assembly, the subscribers, who 
profess tliemselves to be subjects of New York, really intend by 
themselves or by agents appointed for that purpose, to make 
application to said Assembly of Yermont, for a general purifi- 
cation, and an amicable settlement of past misunderstandings 
and things which have happened between the people claiining 
to be subjects of New York and Yermont, upon just and equi- 
table terms, consistent with the rights of mankind, the constitu- 
tion of Yermont, and the authority of the United States of 
America." * 

The reply of Governor Chittenden to this communication, 
dictated by those principles of loyalty which he owed to the 
state, and expressed in his own terse and emphatic language, 
was far from an endorsement of the views which had been set 
forth by the petitioners. " Gentlemen," he wrote on the 10th 
of February, " I received a request signed by you, which 
appeared to be designed for the consideration of the authority 
of tliis state. Yiewing it to have come only from those in oppo- 
sition to this government, it would not admit of an answer for 
many reasons which appear obvious from the tenor and style of 
your writing. I shall, however, inform you, my friends, of my 

* The names appended to this petition were those of John Bridgman, Samuel 
Knight, John Houghton, Jonatlian Hunt, William Biglow, Timothy Church, Henry- 
Evans, Jotham Biglow, Orlando Bridgman, Francis Prouty, Edward Carpenter, 
Timothy Phelps, Hezekiah Stowel, Amos Tute, Elijah Prouty, Rutherford Hays. 



508 HISTORY OF EASTERN VERMONT. [1784. 

sentiments respecting the matters contained in it. Tlie prospects 
I liave had, which are well known to jou, since the rising of the 
Assembly, of a general snbmission which was the only object 
of government, have been the only cause of the unexpected 
delay of the march of the troops. 

" I am very certain were the Assembly now sitting they 
would have no bargain to make with the people who have 
given us so much trouble without any object. I cannot say 
what might be done by them to prevent the march of Colonel 
Wait's troops. This I can say, that nothing short of an imme- 
diate and universal submission can effect it."* 

Pending this correspondence, the Vermonters continued to 
harass the Yorkers with an energy which . accorded well with 
the late proceedings of the General Assembly. Although a 
warrant for the arrest of Francis Prouty had been in the hands 
of the constable for more than a month, yet by his vigilance 
the wily Lieutenant had eluded all efforts to take him. His 
capture was effected at last by a party of men who broke into 
his house on the evening of the 8th of January, and removed 
him thence to prison. On the same night Seth Clark, a New 
York sergeant, was disposed of in a similar manner. Deter- 
mined to teach the Guilfordites a lesson, a party of five men, 
armed and prepared for attack or defence, entered the house of 
Capt. Joseph Peck, a few hours after the arrest of Prouty and 
Clark, leaving a number of persons on the outside in case their 
aid should be needed. Not finding the object of their search, 
and being unable to obtain any information from Mrs. Peck on 
the subject, they plundered the house, carrying off a sword and 
such other weapons as they could obtain. About one o'clock on 
the morning of the 9tli the same party entered the dwelling of 
Maj. Henry Evans, whom they could not find, and of whom his 
wife could give no reliable account. A candle and a tinder- 
box, taken from the ample pocket of one of the intruders, gave 
them light in prosecuting their investigations, and enabled them 
to appropriate a gun, a sword, and a quantity of ammunition, 
as the reward of their labors. Tliey next entered the house of 
Mary Carpenter, but finding there neither arms nor men, be- 
took themselves to the residence of Hezekiah Broad, and made 
inquiries for him of his wife Sarah. In this instance, as in two 
of the instances already mentioned, their visit was without suc- 

« MSS. in office Sec. State Vt., ix. 229, 



1784.] LETTER OF S. K. BRADLEY. 609 

cess. Broad, like many otlier Guilfordites, had been warned 
of their coming, and had wisely withdrawn from observation. 
In enterprises like these they were engaged until morning, and 
were so fortunate as to secure a number of old blunderbusses, 
rusty swords, curiously carved powder-horns, pursy bullet-bags, 
and long, snake-like shot-pouches.* 

Willing to put an end to these nocturnal visitations, Stej)hen 
E. Bradley, on the 10th of January, addressed a letter " To the 
inhabitants of the town of Guilford and its vicinity, who have 
been opposing the government of Vermont." " I oflicially ac- 
quaint you, as Attorney-General for the freemen of the state of 
Yermont," said he in this communication, " that government 
wishes for your welfare as a people, and notwithstanding the 
coercive measures that are adopted, are willing to do every- 
thing for you consistent with the welfare of government ; and I 
now assure you, upon your desisting from your opposition, and 
returning peaceably to your families, your persons and proper- 
ties shall be protected ; and in order for that, upon your certi- 
fjdng under your hands on your parol of honor to me, or to the 
sheriff of this county, or his deputy, or to Major Josiah Boy den 
of Fulham, that you will not directly nor indirectly do any act 
or thing prejudicial to the state of Yermont, all prosecutions 
against any of you shall be no further prosecuted till the rising 
of the next General Assembly, when I trust you may meet with 
all desired lenity. I except nevertheless all persons who have 
been taken by the officers of government, and such as have 
been banished. "What you do in this respect must be soon, as 
the matter is now become serious." Irritated by the indignities 
to which they had been subjected, the Yorkers were in no spirit 
to accept of conditions or apply for pardon. Meantime the 
Yermonters persisted in executing the laws of their state. On 
the 10th, warrants were issued for the arrest of Henry Evans of 
Guilford, and Eleazer Church and Nathaniel Chandler of Brat- 
tleborough. Church, who was taken on the 12th, was brought 
before Justice Nathan Fisk of Westminster, and being charged 
with " treasonable conduct" was lodged in the jail of that town, 
"loaded with irons." On the 13th, Chandler was also com- 
mitted, f 

From the latter part of October, 1783, to the present time, a 
detachment of state troops, which had varied in number from 

* Various MS. Depositions. f MS. Papers in office Sec. State Vt. 



510 HISTORY OF EASTERN VERilONT. [1784:. 

twenty-five to sixt3^-five, had been under arms for the purpose 
of quelling any outbreaks that might arise, and for assisting 
the sheriff in performing the duties of his office. They it were 
who had made arrests in the night time, and removed such 
means of defence as they could find, from the houses of the op- 
position. The quarters of Com.-Gen. Joseph Farnsworth, Maj. 
Josiah Boyden, Ens. Oliver Waters, and Lieut. Experience 
Fisk, the officers of this detachment, were at the inn of Josiah 
Arms, in Brattleborough. Enraged by the conduct of the sol- 
diers of this detachment, the Yorkers determined to retaliate by 
taking some of them prisoners. With this intention William 
White, Daniel Ashcraft,* Joseph Shepdarson Jr., N'athaniel 
Shepardson, Koah Shepardson, Samuel Melendy, Hezekiah 
Broad, Samuel Curtis, Moses Yaw, Daniel Cole, Artemas 
Goodenough, Ithamar Goodenough, and Jotham Biglow, all 
of Guilford ; Richard Church and Isaac Kendall of Brattlebo- 
rough ; and a number of others, the whole commanded by 
]S"athaniel Carpenter of Guilford, attacked the inn on the 16th, 
and demanded the immediate delivery of Waters, who had be- 
come especially obnoxious on account of the energy he had dis- 
played in behalf of the state. General Farnsworth endeavored 
to expostulate with them upon the rashness of their conduct, 
but they were deaf to his remonstrances and renewed their 
demand in the most peremptory manner. Determined to ac- 



* At the commencement of the revolutionary war, ilr. Ashcraft, who was 
friendly to the American cause but who did not choose to engage in the struggle, 
abandoned his dwelling on Fisher's Island within the then province of New York, 
and removed to the town of Guilford, in Cumberland county. In the disputes 
which afterwards arose among the settlers on the Xew Hampshire Grants, he 
supported the claims of the New York adherents, and in the end was compelled 
to kiivo the state. On the 25th of October, 1784, he petitioned the Legislature 
of New York for a grant of land in the western part of that state. The commit- 
tee to whom his petition was referred reported thereon on the 29th, and the con- 
sideration of his request was, on their recommendation, postponed. Finding that 
he could obtain no aid in this direction, he presented a petition to the General 
Assembly of Vermont on the K)th of October, 1TS5, in which he prayed " for a 
pardon of all offences he had committed" against the state "by adhering to the 
government of New York." The report of the committee to whom his request 
was referred stated, that although he had formerly been connected with the 
opposition, he was " now likely to make a good citizen," and recommended that he 
should be pardoned by an act of the Legislature, provided he should take the 
oath of allegiance before the 1st of March, 1786. Tlie report was accepted, and 
an act was passed agreeable to the recommendation. — MS. Petition to N. Y. 
Senate. Journal Senate N. Y., 1st Meeting, 8th Session, p. 13. Journals Gen. 
Ass. Vt, Oct. 1785. 



1784.] RETALIATIONS OF THE TORKEES. 511 

complisli tlieir object, and enraged by the grievances to which 
they had been subjected, they commenced an assault npon the 
house, and riddled the doors and windows with musket balls 
and buckshot. After firing about thirty times, wounding Major 
Boyden in the leg, and shooting a traveller through the thigh, 
they entered the building " in their common, desperate man- 
ner," as was subsequently stated, and having captured Waters 
departed with their prey,* 

The object of Farnsworth in remonstrating with the York- 
ers was to delaj their attack until the trooj^s, who were 
quartered about a mile distant, could be informed of the danger 
with which the officers were threatened. But his efforts, as has 
been seen, were without avail. Satisfied with the result of 
their foray, the Yorkers surrounded the prisoner, and ordered 
him to accompany them. Under a strong guard they conveyed 
him on foot to the northern lines of the state of Massachusetts, 
where they fastened on his hands " a huge weight of ill-shaped 
iron," and consigned him to the care of two of the party, with 
orders to conduct him to Poughkeepsie, The news of the seiz- 
ure reached Halifax on the night of the 17th, through the 
instrumentality of Lieut, John Noyes of Guilford, and pro- 
duced an intense excitement. Horses and arms were immedi- 
ately procured, and a company of fifteen menf led by Joseph 
Tucker started in pursuit. Knowing well the route which 
their opponents had taken, they followed closely in their track, 
and on the 18th reached Northampton, where they found Wa- 
ters. They immediately rescued him, and at the same time 
secured his guards. 

Meantime Timothy Phelps, who had been entrusted with 
a number of dispatches and depositions which he was to deliver 
to Governor Clinton, had commenced his journey, and having 
reached Iladley, was visiting his brother Charles, who was a 
resident of that town. Tucker and his party, who, to use their 
own language, were " then in high spirits," being unwilling 
to return without accomplishing some other exploit, determined 



* In a newspaper account of this affair it is stated that " Waters volimtarily 
resigned himself up to the party." The court papers, and the other documentary 
testimony of tliat period, corroborate the version presented in the text. 

\ Thomas Scott, Stephen Gates, Timothy Woodward, David Williams. Elijah 
Phillips, Gorhara Noyes, Joel Sumner, Philemon Stacy, Daniel Walworth, Rufus 
Fisk, Samuel Denniaon, John Noyes, Caleb Owen, Thomas Farnsworth, Nathaniel 
Whitney. — Tucker's Petition. 



512 HISTORY OF EASTERN VERMONT. [1784. 

to escort Tiniotli j Phelps back to Yermont, in the same maimer in 
which Waters had been compelled to leave that state. Concealing 
the object of their visit, they entered Iladley after nightfall, and on 
approaching the house where Timothy Phelps %vas lodged, asked 
to be admitted. Springing from his bed and seizing his arms, 
Charles Phelps rushed to the door, but before he could reach it, 
Tucker and his men had forced an entrance. A severe struggle en- 
sued, in which the owner of the dwelling was overpowered and 
thrown to the floor. As the rioters were proceeding to bind 
him, his wife appeared and claimed him as her husband. At 
the same time Timothy Phelps came forward, and the rioters 
perceiving their mistake allowed the supposed offender to arise, 
and seizing his brother secured him and departed, with the 
intention of confining him in Bennington jail, where he had 
already spent so many months. 

As soon as Tucker and his party had gone, Charles Phelps 
hastened to Elisha Porter, the sheriff of Hampshire county, and 
informed him of the occurrences of the evening. Warrants 
were immediately issued, a number of the local militia who 
were commanded by Phelps were placed under arms, a j^osse 
was also collected, and the whole party, thirty strong, mounted, 
and headed by the sheriff, were soon in hot pursuit. On reach- 
ing Hatfield, Waters's party had been joined by twelve more of 
the state troops of Yermont, and with this reinforcement they 
were pushing forward with as much speed as the circumstances 
would allow. Dashing on without once drawing rein, their pur- 
suers followed with spirit and determination. At eight o'clock 
on the morning of the 19tli the rioters were overtaken at 
Bloody Brook in Deerfield, where they had dismounted to 
refresli both themselves and their horses. Entering the room 
where they were engaged at breakfast, the sheriff exclaimed, 
" Where are these damned Yermonters ?" and without giving 
them time to rally, the men of Hampshire county commenced the 
attack. The rioters, ignorant of the legal authority under which 
their opponents were acting, and taking them for Yorkers, 
resisted with vigor. In the midst of the struggle which was 
now becoming serious, the sheriff made known his official charac- 
ter, and pronounced the rioters his prisoners. Satisfied that resist- 
ance to such authority would be likely to terminate unfortunately. 
Waters and his party submitted to the sheriff, released Timothy 
Phelps, and were carried back to Hadley. There they were 
tried before three justices. Four of them were found guilty of 



1784.] SENTEKCE OF TUCKER AND HIS ASSOCIATES. 513 

riotous conduct, and were adjudged to pay in fines and costs 
£21 8s. Tucker, in liis relation of the aftair, stated tliat this 
verdict was obtained through the instrumentalitj of Charles 
Phelps of Iladlej, and that the views of the sherifi' were so 
much changed when all the circumstances connected with the 
aflfair were made known to him, that he frankly forgave the 
Yermonters, although he had received more wounds than all 
the rest of his party, eulogized them in open court as " good 
fellows," and promised his assistance in the future " both as a 
gentleman and a magistrate," in preventing their fellow-citizens 
from being " carried through that vicinity by the Yorkers."* 

* Ou the 25tli of February following, Tucker and bis associates petitioned 
the General Assenably of Vermont who were then in session at Bennington, for a 
reimbursement of the expenses which they had incurred in these proceedings. 
Defending the course they had pursued, " we did all this," said they, " solely 
out of loyalty and friendship to this government, and although we did not 
carry our points in everything, yet we prevented Mr. "Waters from beisig 
now confined in New York, which doubtless the Yorkers would have gloried 
much in ; and also obtained the favor of the officer in the Massachusetts state, be- 
fore mentioned, which will, in all probability, be interesting to this state." Their 
petition was referred to a committee of three, who subsequently met and 
cousulted with a committee from the Council consisting of Ira Allen. The 
report of the joint committee was accepted on the 5th of March, and an order was 
passed directing the sale of so much of the estate of Charles Phelps of Marl- 
borough, which had already been confiscated to the use of the state, as should 
amount to £49 IBs. lid., the sum claimed by the petitioners. At this point the 
subject, it is believed, was dropped, and was probably never again revived. — MS. 
Accounts of the Capture of Waters, Tucker, Phelps, etc. Thompson's Vt. Ga- 
zetteer, p. 142. South Carolina Gazette, Feb. 2, 1784. 



33 



CHAPTER XIX. 

THE END OF EESISTANCE. 

The gathering of the Vermont militia at Brattleborough — The number of the force 
— The march to Guilfoi'd in the snow storm — Spies — The Yorkers retreat — The 
fight at Packard's house — Sergeant Silvanus Fisk of the Vermont troops mor- 
tally wounded — Ethan Allen arrives with reinforcements — A number of Yorkers 
taken prisoners, and lodged in the jail at Westminster — The session of the 
Superior court at Westminster — Twenty-five Yorkers arraigned at the bar — 
Their trial — Conviction — Sentence — Vennonters take Daniel Shepardson pri- 
soner — Instruction to New York delegates in Congress — Report of joint commit- 
tee of Senate and Assembly of New York on the late transactions — Additional 
instructions — William Shattuek — Charles Phelps — Offenders pardoned — Resolu- 
tions of the General Assembly and Council of Vermont — The militia force at 
Guilford reduced — David Goodenough — He and Daniel Spicer are fired on by a 
scout from Lieut. Knight's company — Spicer is killed — Barbarous conduct of 
the Vermont militia — Account of Daniel and Jabez Spicer — Lieut. Knight 
informs the Legislature of Vermont of the proceedings at Guilford — Action of 
the Legislature — Rumors of war — The condition of Guilford — Governor Han- 
cock's proclamation — County house at Windsor — Attempt to interest Congress 
in the controversy — Court of Inquiry held at Westminster — The Yorkers 
petition for pardon — Their request granted by an act of the General Assembly 
— Charles Phelps pardoned — Letter of citizens of Brattleborough and Guilford 
to Gov. Clinton — Improved condition of Vermont. 

In the midst of these transactions, Colonel Church and Major 
Evans wrote to Governor Clinton, begging him to adopt such 
measures as would tend to their relief, and free them from the 
oppressions of the Yermonters, In their letter of the 16th of 
January, they informed him, that they were forced to be under 
arms day and night ; detailed to him the names of those who 
had been imprisoned ; and, filled with the dread of their foes 
and ready to believe every rumor which might be suggested, 
reported that an army of four hundred or five hundred Yer- 
monters were already stationed in separate divisions at Brattle- 
borough, Marlborough, and Halifax, ready to " kill, burn, and 
destroy all before them." These representations, although exag- 



17Si,] THE NUMBEE OF THE FOKCE. 515 

gerated, were destined to be verified, in part, during the follow- 
ing week. The seizure of Waters had confirmed the Verm outers 
in the determination they had taken to subdue the Yorkers by 
military force, and the time had now come for the execution of 
this design. The colonels of two of the nearest regiments were 
immediately informed that the period for action had arrived, and 
were requested to collect their companies and proceed without 
delay to the seat of war. 

On Saturday the lYth of January, the day succeeding the 
publication of these orders, troops began to assemble, towards 
evening, at the rendezvous in Brattleborough, the inn of Josiah 
Arms. On the following day reinforcements arrived from the 
neighboring towns, and the usually quiet village rapidly assumed 
the appearance of a military station. The quiet of Sunday was 
disturbed by the roll of the drum and the shrill notes of the 
fife. The place of worship was deserted, for all were interested 
in the contemplated proceedings. Those who acknowledged 
the government of Yermont, freely opened their houses to the 
soldiers, while those who owed allegiance to New York barred 
their doors, and carefully guarded every entrance to their 
dwellings. Bullets were moulded ; guns prepared ; belts fur- 
nished ; buckles polished ; dresses lacking in martial appearance 
were made more martial ; and any arrangement which would 
tend to expedite the march was perfected. 

The number of men who reported themselves on the morning 
of Monday, the 19th, ready for service, was more than three 
hundred. The regiment of state troops, the command of which 
had been given to Col. Benjamin Wait, mustered nearly a 
hundred guns, and was officered by Lieut.-Col. Elijah Knight, 
Maj. Josiah Boyden, and Capt. Benjamin Whitney. Of the 
first brigade of the militia under the command of Gen. -Samuel 
Fletcher, the first regiment was officered by Col. Stephen E. 
Bradley, Maj. Samuel Minott, Adjt. Eliakim Spooner, and 
Quarter Master Benjamin Burt. From this regiment there 
were now assembled a comj^any from Townshend of fifty-three 
men, commanded by Capt. Josiah Fisk ; one from Westminster 
of forty-four men, under the command of Capt. Silas Burk ; 
one from Putney of twenty-seven men, in charge of Lieut. 
Ebenezer Parker; and one from Rockingham of twenty-two 
men, commanded by Capt. John Fuller, Of the regiment of 
Col. John Sergeants, belonging also to Gen. Fletcher's brigade, 
Capt. Isaac Wheeler commanded a company from Wilmington 



516 HISTORY OF EASTERN VERMONT. [1784. 

of tliirty-two men ; Lieut. Daniel Gates one from Dummerston 
of twenty-two men ; and Sergt. Sylvester Bishop one from Marl- 
borough of fifteen men. 

Snow had begun to fall early on Monday morning, and when, 
a few^ hours after sunrise, the troops commenced their march, 
the storm had become so severe, and the roads so obstructed, 
that rackets were found of great assistance in increasing loco- 
motion. As the little army, piloted by Samuel Shepardson, 
advanced in a southwesterly direction, a violent northwester 
blowing the snow upon the right side of their faces, served to 
increase the unj)leasantness of the undertaking. The ordnance 
department was composed of one old cannon, almost useless, 
from Dummerston, and was su^^erintended by Ebenezer Haven 
and Isaac Miller. The soldiers marched in single file, about 
three paces distant one from another, and as they wound 
through the woods, appearing here at a clearing, and anon dis- 
appearing in a thicket, the effect upon those who beheld them 
was far more beneficial in inspiring fear, than w'ould have been 
the display of a dozen field-pieces. The long procession, but 
dimly seen through the falling snow, left full scope for the 
imagination, and many believed that a numerous host was 
coming to ravage, burn, and destro}''. In the lower part of 
Brattleborough, the advanced guard noticed on the further side 
of the fence that skirted the road, a man on horseback stationed 
on a little elevation, who rode off at their approach. Others 
similarly posted were met further on, and it now became 
evident that spies had been placed along the whole line of the 
route by which the troops were advancing. The service which 
these spies unintentionally performed for the Yermonters, was 
far from being trivial. Deceived by the appearance of the 
approaching columns, they rode back to their friends and 
reported that the enemy was a thousand strong. At the same 
time the Yermonters were informed by some persons whom 
they had captured, that the Yorkers to the number of a hundred 
and sixty, had taken a pledge to figlit to the death. At Guilford 
the soldiers halted for the night, obtaining shelter in houses, 
barns, and such other places as afforded protection from the 
storm. 

On the morning of Tuesday, the 20th, hostiUties commenced. 
About forty Yorkers had rendezvoused at a house in Guilford 
occupied by a man named Stowell, and had stationed themselves 
not only within, but around the building, and behind an adjacent 



1784.] COMMENCEMENT OF HOSTILITIES. SlY 

pile of logs. But at the sight of the armed militia they quailed 
and fled, with the exception of eight or ten who were captured. 
After running half a mile, their course being most of the way- 
descending, they again took a position in the house of a Mrs. 
Holton, a widow, situated on a plain, and again swore to stand 
their ground and " fight it out." Meantime Captain Burke's 
men, with two other companies, stopped and took possession of 
Stowell's house, while Captain Whitney and his followers 
pushed on to dislodge the Yorkers at Holton's. Tliis was easily 
effected, for no sooner had Whitney and his troops reached the 
house than the Yorkers again ran, halting at a point about half 
a mile further on. It was now between two and three o'clock 
in the afternoon, and as the valiant soldiery had found that they 
could enjoy accommodations in the houses which had been 
vacated by the Yorkers, they determined to suspend all warlike 
operations of an aggressive character until the morning. Having 
taken good heed to station guards about their encampments, and 
to send out spies to watch the motions of the enemy, they made 
preparations to spend the night as agreeably as their circum- 
stances would permit. 

On Wednesday, the 21st, the troops assembled at Stowell's 
house. Part of them were detached thence to reconnoitre in 
Marlborough and Halifax, w^hile the main body advanced in 
pursuit of the Yorkers. The snow had now become so deep 
that the officers, being on foot, found it difficult to perform their 
duty with all the alacrity which the circumstances required. 
Horses were accordingly procured for Colonel Bradley, Adju- 
tant Spooner, Dr. Elkanah Day, and others, and the supervision 
of afiairs was thus rendered easier and more complete. On 
reaching the top of a hill, distant about a mile and a half from 
the Massachusetts line, the house of one Packard, a justice of the 
peace, near which it was supposed the Yorkers were assembled, 
was easily discerned. The Yermonters pressed forward, and as 
they approached the building, thirty or forty Yorkers, who were 
within at dinner, rushed out with their guns, and began to 
station themselves in an advantageous position. At Packard's 
house commenced a valley running south, through which lay 
the road. The elevation on the right had been cleared of brush 
and underwood, but there were still standing a number of 
girdled hemlocks, whose size and position afforded a safe cover 
to which to flee or whence to assail. A scattering growth of 
sugar maples on the elevation at the left, oflered similar advan- 



518 HISTORY OF EASTEKN VERMONT. [1784. 

tages. Across tlie road the bole of a large tree had been thrown, 
behind which and the trees on either side, the Yorkers awaited 
the approach of the troops. 

As thej advanced, 'Squire Packard appeared at the door 
of his dwelling, and begged Sergt. Silvanus Fisk, who was 
temporarily in command of the advance company, not to 
proceed, telling him at the same time that as soon as he should 
pass a certain blacksmith's shop, situated a short distance 
before him, he and his company would certainly be fired upon. 
Fisk, a young man, rash and impetuous, was not disposed 
to pay much attention to this warning. When passing through 
Westminster, in reply to some inquiry as to the course which 
was to be pursued towards the opposition, he had been heard to 
say in one of the rough expressions of a farmer, that he would 
show the Yorkers " how the pig ate the butter," thus signifying, 
by an aUusion now obsolete, that he would teach the oppo- 
nents of Vermont a lesson which they would not soon forget. 
His daring did not now desert him, and his men, partaking of 
his spirit, followed where he led. 

The given point was soon reached, but the Vermonters 
had hardly passed it, when a discharge from the right proved 
the truth of Packard's assertion. No injury followed this 
assault. Tlie troops pressed forward and were again fired upon 
from the barricade in front. As the smoke occasioned by 
this volley cleared away, a man distinguished by the blue coat 
which he wore came from behind the maples, and with 
deliberate aim discharged his gun at Sergeant Fisk. Tlie ball 
took effect, entering at the right side of the stomach and passing 
into the groin. " Are you badly hurt, Sergeant ?" said Private 
Tlieophilus Crawford, who was standing near him. " God bless 
you !" replied Fisk, " don't ask any questions, but push on and 
kill some of the devils." Encouraged by these words, his men 
gave chase to the now retreating Yorkers, and, pursuing them 
with hot haste, drove them more than half a mile beyond 
the boundaries of Yermout, and within the limits of Massa- 
chusetts. Unable to walk, Fisk was placed on a sleigh, and 
being taken to Mrs. Holton's dwelling was treated with all the 
attentions which kindness could suggest. But his wound 
proved incurable, and he died before the close of the following 
spring. The only other person who suffered on this occasion 
was Joel Knight of Dummerston, who was slightly injured in 
the arm by a bullet. 



1784.] MOVEMENTS OF VERMONT TROOPS. 519 

Driven from their homes, the Yorkers applied for assistance 
to the inhabitants of the towns in Massachusetts to which they 
had fled. Tliis was readily granted as far as food and shelter 
would avail, but no one was willing to engage in acts of hosti- 
hty against the neighboring state, without orders from Congress. 
Hoping to obtain favorable terms, the Yorkers sent a flag to 
their " unnatural enemy," as they styled the Yermonters, pro- 
mising passive obedience until the rising of the Yermont Assem- 
bly, provided they should be permitted to return to their 
homes and remain there unmolested. To their message they 
received no reply, and the person by whom it was cai-ried was 
detained as a prisoner. 

On the 22d, Ethan Allen arrived with ammunition and 
reinforcements. Of the companies from Bennington which came 
with him, one was commanded by Capt. Joseph Saiford, another 
by Capt. Hezekiah Armstrong, and a third by Capt. Joseph 
Wickwire. Not daring to make an incursion within the juris- 
diction of Massachusetts in pursuit of the Yorkers, who had 
fled thither for safety, and deeming it useless to remain longer 
in a place where their presence could be of no essential service 
to the cause they maintained, the officers from both sides of the 
mountains, after a long consultation, concluded to return. To 
render the march more easy, a company were dispatched, in the 
morning, to break a road through the snow which was now nearly 
four feet in depth on the level. Leaving Stowell's house two 
hours before sunset, the main body of the troops began their 
march, having in charge about twenty prisoners, and reached 
the tavern of Landlord Arms, in Brattleborough, the same 
night. Here a portion of the troops were dismissed. On the 
morning of the 23d the remainder proceeded to Westminster, 
where the Yorkers were lodged in jail to await their trial at the 
next session of the Superior court. 

During the time which intervened between the commitment 
and the trial, the prisoners were guarded by a strong military 
watch, and every precaution was taken to prevent their escape. 
An account of these proceedings was sent by Colonel Church 
and Major Evans to Governor Clinton, and a request was made 
that he would write to the Governor of Massachusetts, if such 
an act was proper, and desire him to send relief to the unfor- 
tunate subjects of New York. " We are driven from our habi- 
tations," said they. " Our houses are plundered. Our posses- 
sions taken from us. We are in a very miserable situation, and 



520 HISTORY OF EASTEEN YEEMONT. [ITSJ:. 

implore your Excellency's interposition, our case being really 
deplorable."* 

On the 3d of February the Superior court commenced its 
session at Westminster, Moses Robinson, chief judge, presiding. 
About twenty-five prisoners were arraigned at the bar. Francis 
Prouty, who had been engaged in the month of November last, 
at the head of a number of men, in conveying Luke Knowlton 
without the borders of Yermont, pleaded guilty to the indict- 
ment of the grand jurors, and was sentenced to pay a fine of 
£30, witli costs of prosecution, and to be " imprisoned in close 
confinement for the space of forty days." He was also charged, 
in a separate indictment, with having entered Knowlton's house 
on the same occasion burglariously, and with an intent " the 
goods and chattels of the said Knowlton to steal, take, and carry 
away." This accusation was not substantiated. To a third 
charge, that of resisting the deputy sherifi" Bai'zillai Rice, when 
he endeavored to arrest him on a warrant issued in consequence 
of his attack upon Knowlton, he pleaded not guilty. The 
records of the court do not show a decision contrary to the plea. 
Of those who had been accused of being engaged in an assault 
upon Benjamin Carpenter in December last, only a few were 
arrested, and of this number Charles Phelps, Abraham Avery, 
and Henry Evans pleaded not guilty, and were sentenced to pay 
the costs of the prosecution. A nol. pros, was entered in behalf 
of Henry Evans Jr. Cyril Carpenter was alone found guilty, and 
was sentenced to pay a fine of £20 ; to give bonds for his good 
behavior; and stand committed until judgment should be com- 
plied with. 

As the result of the investigations consequent upon the late 
hostilities at Guilford, the grand jurors presented charges against 
a number of the Yorkers. The principal count in the indict- 
ments was that in which the wounding of Silvanus Fisk " so 
that his life is greatly despaired of," was set forth. Joseph 
Wells of Brattleborough pleaded guilty to the charge of being 
engaged in the proceedings which resulted in this sad event, and 
was sentenced to pay a fine of £20 and the costs of prosecution ; 
to be imprisoned six months ; and if the terms of the whole 
sentence were not complied with at the end of that time, to 
stand committed until the satisfaction should be complete. 
Ehjah Curtis, a participator in the same affair, and who entered 

* MS. Accounts. Old men's narrations. 



1784.] MULCTING OF YOKKERS. 621 

a plea of not guilty, was fined £10 and the costs of the suit. 
On another indictment to which Joseph Wells pleaded guilty, 
the court sentenced the delinqnent to " close confinement " for six 
months, and fined him £30 and costs. Amos Yaw Jr., charged 
with some offence, owned that he had disobeyed a Vermont 
officer. To the remainder of the indictment in his case the 
State's attorney entered a nol. ^'os. The prisoner was amerced 
in the sum of £5 and the costs of suit. Charles Phelps was 
tried for the offences which had been charged against him in the 
fall of 1782, similar in their nature to those which had resulted 
in the condemnation of Shattuck, Church, Evans, and Timothy 
Phelps. His plea was guilty. By the judgment of the court 
he was attainted of treason ; was sentenced to sixty days' im- 
prisonment ; and all his estate, real and personal, was forfeited 
to the use of the state. Edward Carpenter, Asapn Carpenter, 
Shubael Bullock, Joseph Chamberlain, and David Thurber, all 
of whom were proved to have been engaged in the disturbances 
at Guilford, were fined in sums varying with the character of 
the offences committed. Of the rest of the offenders, scane were 
mulcted in small amounts ; others were dismissed on paying the 
costs of prosecution ; and in the case of a few the complaints 
were withdrawn for want of evidence to sustain them. 

During the session of the court, Westminster had presented 
more the appearance of a military encampment than of a 
peaceful village. With the departure of the dignitaries of the 
bench, the lawyers of the bar, and the prisoners in the dock, 
it again assumed its wonted aspect, and the roll of the drum 
and the shrill notes of the fife gave place to the music of the 
merry sleigh bells of winter, and left to their jingling notes the 
monopoly of noise for the rest of the season. 

For the purpose of keeping the Yorkers in subjection, a por- 
tion of the troops, comprising Lieut. Elijah Knight's company 
of twenty men, and Capt. Benjamin AVhitnej^'s of sixty -five, 
were stationed at Guilford and in the adjacent towns until the 
1st of March following. The effect of this watchfulness was to 
prevent those who had fled from returning, and had not the 
hospitalities of the inhabitants of the neighboring state been 
extended to the refugees, their sufferings — multiplied though 
they were — would have been far more severe and intolerable. 
Intent upon an excursion of some kind, and finding but little 
opposition within the borders of Yermont, a party of soldiers 
set out on the 20th of February, with the determination of 



522 HISTORY OF EASTERN VERMONT. [1784. 

securing Daniel Sliepardson, a sworn magistrate of the state of 
]^ew York, and until within a few weeks a resident of Guilford. 
Proceeding to Northfield, Massachusetts, where Shepardson 
had taken up his temporary abode, they made him a prisoner, 
although he was at that time within the jurisdiction of another 
state, and hurried him back to Vermont, where he was placed 
in confinement. In many instances the property, which the 
Yorkers in consequence of their sudden flight had left unpro- 
tected, was regarded by the militia as legitimate spoil, and not a 
few of the latter manifested an unbecoming pleasure in despoil- 
ing their adversaries of such necessaries and conveniences of 
life as were found in the deserted dwellings. 

Meantime the Legislature of New York, fully alive to the 
unhappy situation of the citizens of that state residing in Yer- 
mont, were endeavoring to obtain from Congress a definitive 
settlement of the dispute between the contending parties. On 
the 2d of February, James Duane, from the committee ap- 
pointed to prepare instructions to the delegates from New York 
in Congress, jDresented a report to the Senate, in wdiicli among 
other recommendations, it was advised, that the delegates be 
instructed " to press Congress for a decision in the long-pro- 
tracted controversy respecting the rights of this state to the dis- 
trict commonly called the New Hampshire Grants, not on con- 
sideration of public expediency, but consistency with the assu- 
rances of Congress, according to equity. Tliat they represent, 
in the most pointed terms, the grievous injustice done to the 
state by such delay, especially after a submission in compliance 
with the unanimous recommendation of Congress, and claim, 
most expressly, a performance of the solemn engagement of 
Congress to make the said decision, on a pledge no less sacred 
than that of the faith of the United States, which ought not to 
be violated on any pretence whatsoever. Tliat they likewise 
represent to Congress the danger which may arise from further 
procrastination ; that the leaders of the district in question have 
actually raised troops, and do now employ those troops to re- 
duce other inhabitants, resident in said district, and acknow- 
ledging themselves citizens of this state, to submit to the said 
assumed government ; that when every state ought to be in the 
full enjoyment of the blessings of peace, under the protection 
of the Union, this alone is in the disagreeable situation of hav- 
ing hostilities already commenced against its citizens ; but, tliat 
if she must recur to force for the preservation of her la"«iul 



178-i.] KEPORT OF NEW YOKK LEGISLATIVE COMMITTEE. 523 

anthoritv, the impartial world will pronounce that none of the 
bloodshed, disorder, or disunion, which may ensue, can be 
imputable to this Legislature, wdio appeal to the Journals of 
Congress for the rectitude, moderation, and liberality of the 
measures they have invariably pursued to produce an amicable 
determination of the controversy. And lastly, that they, if 
necessary, be most explicit on the subject, and inform Congress 
that this Legislature conceive themselves to be urgently pressed 
by the great duty of self-preservation, to prepare, without loss 
of time, for the worst events : and that, however sincerely they 
are disposed to maintain the Union, and to manifest an invio- 
lable respect for Congress, if the decision, which has so long in 
vain been solicited, should not be pronounced within two 
months next after nine states shall be represented in Congress, 
subsequent to this state being represented there, no further 
expectations can be entertained of such decision, and that this 
state, with w^hatever deep regret, will be compelled to consider 
herself as left to pursue her own counsels, destitute of the pro- 
tection of the United States, to whose judgment they have 
cheerfully submitted, and on whose justice they have hitherto 
relied. 

" The committee further report it as their opinion, that if 
Congress should delay the decision of the said controversy after 
the time above limited, it ought to be considered as a denial of 
justice. That the act entitled ' An act to empower the Con- 
gress of the United States of America, to determine all con- 
ti-oversies relative to certain lands in the counties of Cumber- 
land, Gloucester, Charlotte, and Albany, commonly called the 
New Hampshire Grants,' passed the 21st day of October, 
1YT9,* ought to be repealed, in order that this Legislature may 
be left at liberty to propose an adjustment of the said dispute 
in the mode prescribed by the ninth article of the federal union, 
or to take such other measures as the preservation of their coun- 
try from lawless invasion and encroachment may require." 

On the 6th of February, before the instructions had received 
the sanction of the Legislature, Timothy Phelpsf appeared be- 

* See ante, p. 365. 

f After escaping from Oliver Waters on the 19th of January, 1784, as has been 
previously mentioned, Phelps resumed his journey south-ward. He tarried at 
Norwich a few days, where his wife was then visiting, and on reaching the city 
of New York presented to the Senate, who were then in session at that place, 
eleven papers containing information respecting the situation of the friends of 
New York in Vermont, which j)aiiers had been entrusted to his care by Samuel 



524 HISTORY OF EASTEEN VERMONT. [l7S-±. 

fore the Senate ; testified under oatli to the maltreatment he 
had received on account of his allegiance to New York ; and 
produced a number of papers and depositions " relative to the 
disorders and violences committed on the well-affected citizens 
of the state, residing in the north-eastern parts thereof, by per- 
sons under the authority of the usurped government commonly 
called Yermont." The information and papers were immedi- 
ately communicated to the Assembly, and were by them con- 
sidered on the 7th. By a concurrent resolution of the two 
Houses, the whole subject was referred to a joint committee 
composed of Messrs. Ford, Lamb, Nicholson, Coe, and Lott 
from the Assembly, and Messrs. Duane, Paine, and Floj^d from 
the Senate. On the 13th Mr. Ford, as chairman of the joint 
committee, rendered his report to the Assembly. In it he 
adverted briefly to the principal events connected with the con- 
troversy, which had occurred since the time when Governor 
Benning Wentworth made grants " in express violation of a 
solemn agreement with the former government of this state, 
that all grants should be suspended until the final decision of 
the Crown." Turning, then, to the consideration of the present 
condition of affairs he observed : — 

" It appears to the committee, that the people wdio style 
themselves Yerm outers, to prevent all opposition to their project 
of independence, have actually raised troops and levied war 
against those of their neighbors within the said district, who 
yield allegiance to the state of New York ; that hostilities have 
actually been commenced; that many of the subjects of this 
state have been imprisoned, loaded with irons, and punished as 
traitors with the utmost severity ; and that others have been 
driven from their habitations, and have had their property 
confiscated, for no other reason than their attachment to this 
state. 

" That the papers which were submitted to the committee 

Bixby, one of the justices of the peace for Ctimberland county by the appoint- 
ment of jS^ew York. At the same time he exhibited a complaint and a deposition 
descriptive of his cwn sufferings and condition. While awaiting the result of the 
deliberations of the Legislature, he " not only expended the little money" he had 
received from his friends who had sent him on this mission, but was obliged to 
pawn his clothes in order to procure food and lodgings. In this situation he 
memorialized the Assembly, begging them to provide him with means sufficient 
to pay his exi'icnses and " enable him to leave the city with decency and credit." 
His petition was read on the I'Zth of February, and referred to Messrs. Adgate, 
Malcom, and Youngs. It is probable that his sufferings were relieved. Journal 
Ass. N. Y., Vth session, p. 40. 



1784.] KEPOET FROM THE JOINT COiESUTTEE. 525 

contain sufficient proof of these facts, and an earnest appli- 
cation from the last mentioned inhabitants to this state, for 
j)rotection. 

" Tliat, upon the whole, it is the opinion of the committee, 
that the most decided measures ought to be pursued, without 
loss of time, as well for the protection of our said sufiering citi- 
zens, as for the peace and tranquillity of the said district. 

"That therefore Congress ought to be earnestly pressed 
to determine the controverey aforesaid ; and that, to remove aU 
uneasiness about the right of soil, the concessions respecting 
the said district ought to be so far enlarged, as to confirm to the 
said claimants, the lands which they hold within the lines of 
the towns settled by them, although they may be compre- 
hended within the bounds of patents of prior date, under the 
seal of New York, That this concession should be fully gua- 
ranteed to the said claimants by the United States in Congress 
assembled ; and that it is the opinion of the committee, that a 
bill should be ordered to be brought in, for carrying the 
measures aforesaid into effect." 

The House agreed with the committee in their report, and 
the same committee were appointed to bring in a bill " for 
carrying into effect the measures " they themselves had recom- 
mended. On the 27tli, instructions to the New York delegates 
in Congress suggested by the report of the committee, and 
additional to those which had been introduced on the 2d, were 
presented to the Senate and adopted. On the same day both 
sets of instructions were sent to the Assembly, and were con- 
curred in by them on the 2d of March.* 

While the Legislature of New York were deliberating, 
resolving, instructing, and the inhabitants of the southern 
part of Windham county were engaged in attacking, re- 
pelling, and defending, the General Assembly of Yermont 
convened at Bennington on the 19th of February and 
continued in session until the 9th of March following. 
The present condition of affairs in the southern part of the state ; 
the means by which obedience to constituted authority could be 
enforced ; questions of policy ; and the consideration of the 
petitions of Yorkers wdio had become obnoxious to punishment, 
were topics wdiich occupied the time and shared the delibera- 
tions of the representatives of the people on this occasion. From 

* Journal Senate, N. Y., 7th session, pp. 16, 17, 20, 21, 42, 43, 44. Journal 
Assembly, N. Y., 7tli session, pp. 30, 36, 37, 69, 60, 61. 



526 HISTORY OF EASTERN VEKMONT. [lY84. 

liis cell in "Bennington jail," where lie had been confined 
during the two months preceding, William Shattuck on the 24th 
of February, supplicated the Assembly for pardon. His request 
was referred to a joint committee, but their report was laid on 
the table on the 26th, "for further consideration," and was 
allowed to remain there during the i-est of the session.* A 
petition from Charles Phelps, imprisoned in the same place, 
praying to be released from confinement, was, on the 26th, 
referred to a joint committee, who recommended in their report 
of the 27th, " that the said Charles Phelps be immediately dis- 
charged from his imprisonment ; and, that no part of the estate 
of said Phelps, which has been seized and confiscated by order 
of the Supreme court, be sold or disposed of until further orders 
from the Assembly." Tlie report was accepted, and a bill was 
introduced, entitled, " An act to discharge Charles Phelps from 
imprisonment." Having been read and accepted in the Assem- 
bly, it was sent to the Council and received their concurrence. 
On the same day Phelps was permitted to appear before the 
Council, and in their presence voluntarily took "the oath of 
allegiance and fidelity to the state of Vermont." Though, by 
this act, he obtained his liberty, his property, which had been 
taken from him, was not restored, nor was that which remained 
allowed to rest unmolested. Debts due the government of Ver- 
mont from insolvent or absconding Yorkers, were satisfied from 
his estate. His books were borrowed by Vermont lawyers to be 

* On a subsequent occasion Shattuck petitioned the Council for his release, 
acquiescing in the justice of the sentence of banishment which had been passed 
upon liim by the Superior court in September, 1782, and praying for pardon. 
His prayer was granted on the I'ith of April, 1784, and a resolution was passed, 
restoring him to partial citizenship, and declaring his estate free from the ban of 
confiscation. The conditions on which these favors were bestowed, were tliat he 
should pay to the sheriff of Bennington county £25 lawful money, to meet the 
costs of prosecution ; satisfy the "just demands" of Nathan Fny, the jail keeper, 
for board ; and give to the treasurer of the state bonds in £100, lawful money, 
with sufficient sureties, that he would not " enter or presume to go into the county 
of Windham, without liberty therefor first had and obtained " from the Council. 
With these terms he complied, and thus obtained his discharge. A few weeks 
later he notified to Governor Chittenden the " distressed circumstances " of his 
family, and his inability to relieve them, except in person. A passport, signed 
by the Governor and Councillors, was accordingly granted to him on the 8th of 
June, 1784, by whieli permission was given him to visit his family unmolested. 
On the 14th of October, 1785, he prayed the General Assembly to release him 
from the payment of the £-25 bond. The application was dismissed without an 
answer. Jonrnals Gen. Ass. Vt., and Vt. Council Records, 1784. Papers relating 
to Vt. Controversy, in office Sec. State N. Y., p. 53. 



1784.] REMISSION or fines. 527 

used and kept. His cattle were divided among the neigliboring 
families. Much of his household furniture served to enrich the 
best rooms of his sturdy opponents. A full pardon granted to 
him hj the General Assembly at their session in October 
following, alone saved him from beggary and ruin. 

During the meeting of the Council, a memorial was presented 
by Cyril Carpenter, who at the last session of the Superior 
coui't had been sentenced to pay a fine for being " concerned in 
a dangerous riot." In it he stated that he had since taken the 
oath of allegiance; that he intended to " consider himself" in 
the future as a good and peaceable subject ; that he was a poor 
man, entirely unable, at present, to satisfy the judgment of the 
court ; and that he desired a remission of the fine, or a suspension 
of collection until he should be able to pay. Similar statements 
were made by others similarly situated, and the whole subject 
was temporarily settled by the passage of a resolution on 
the 28th, directing the state's attorney for Windliam county 
to suspend the collection of fines against Cyril Carpenter, 
Edward Carpenter, Asaph Carpenter, Amos Yaw Jr., Shubael 
Bullock, Elijah Curtis, Joseph Chamberlain, and David Tliur- 
ber, until further orders.*" 

In the General Assembly, pursuant to a motion offered by 
Colonel Bradley, the Westminster delegate, a committee, ap- 
pointed on the 1st of March, were authorized to ascertain the 
amount of the expenses attending the illness of Sergt. Silvanus 
risk, occasioned by the injuries he had received from the Yorkers 
while supporting the authority of the state. Though the report of 
the committee was rejected, yet a resolution was adopted on the 
2d, directing the payment of £35 on his behalf, and the issuing of 
orders upon the " hard money tax " for the purpose of meeting 
any charges which might remain unsettled.f Tlie expediency 
of continuing a body of troops at Guilford was considered at 
the same session. Tlie opinion of the gentlemen who were 
selected to report upon this point was favorable to a reduction 

* October 26th, 1*784. The Council, in session at Rutland, resolved, "that the 
fine of Edward Carpenter, Asaph Carpenter, and Cyril Carpenter, imposed on 
them by the Supreme court of this state, be, and is hereby remitted." Extract 
from Council Minutes. 

f At the next session of the Assembly, the treasurer was directed by a 
resolution, passed October 18th, 1184, "to issue an order in favor of Silvanus 
Fisk, late deceased, who was wounded in the service of this state, for the balance 
due for his last sickness, by the committee of pay-table, upon either of the 
collectors of the two-penny tax within this state." Joixrnals, etc. 



528 HISTORY OF EASTERN VERMONT. [ITStt. 

of the force there stationed. Brig.-Geu. Samuel Fletcher was there- 
fore empowered to proceed to Guilford, and discharge from ser- 
vice the state troops raised for the assistance of the sheriif of Wind- 
ham county, with the exception of one lieutenant, one ensign, 
two sergeants, two corporals, and twenty-one rank and file. In 
fulfilment of this commission, Fletcher dismissed the militia on 
the let of March, retaining only Lieut. Elijah Knight, and 
a company of men under his command of the number ai'id 
character requisite to meet the Assembly's resolution.* 

Following this reduction, the Yorkers, who had fled across 
the southern Une of the sta^e, emboldened by the belief that 
they would not be resisted as vigorously as they had been 
dm-ing the preceding three months, began to contemplate 
a return. Not unfrequently, under cover of the night, they 
would visit the house of some friendly Vermonter, and engage 
for an hour in conversation respecting the course which the 
victors intended to pursue towards the vanquished in the future. 
TJnwiUing to be regarded as recreant to his duty. Lieutenant 
Knight redoubled his vigilance, and the opposition were, in 
consequence, more closely watched than ever before. 

Among the citizens of Guilford who most strictly adhered 
to the jurisdiction of New York, David Goodenough was 
pre-eminent. He had accepted of a lieutenancy from that 
state ; had been imprisoned for this act ; had been released 
under large bonds ; and finally, having been ordered out 
of town, had left his family and taken up his residence tem- 
porarily in Massachusetts. Desirous of visiting his wife and 
children, whom he had not seen for some time, and finding it 
necessary to go by night, as his life had been threatened, he 
invited Daniel Spicer of Bernardston, " a young man of good 
repute," to accom2)any him. Spicer accepted the invitation, 
having, however, previously informed Goodenough that he was 
neutral on the subject of the existing controversy, and could 
enter into no quarrel " with the Statesmen," as the Yermonters 
were then styled. 

Leaving Goodenough's quarters at nine o'clock on the 
evening of the 5th of March, the two men set out for Guilford. 
After proceeding for some distance on the main road, leading 
north, they strapped on their snow-shoes, that they might be 
ready to pursue their journey in the woods, should it become 

* Journals Gen. Ass. Vt, Feb., 1784. 



178-1.] DEATH OF D.USriEL SPICER. 529 

necessary, and liad advanced about half a mile within the limits 
of the town of Guilford, when thej were hailed by a " Who 
comes there ?" from a man " nnder arms," who was stationed at 
the side of the road. Before time for a reply had been given. 
Lieutenant Knight appeared with a force of twenty or more 
men, and following the scout who had discovered the two tra- 
vellers, endeavored to shoot them down. Aided by the fog 
which partially concealed the light of a full moon, and which, 
in a narrow road skirted by a thick forest, destroyed the effect of 
the reflection from the snow, Goodenough and Spicer endea- 
vored to make good their escape. Having leaped the fence 
that bordered the road, they started for the woods. Knight and 
his party followed with threatening and defiant shouts, and 
having approached within four rods of Spicer, discharged their 
pieces at him. One bullet took effect in his hip, and another 
passed " directly through the trunk of his body," causing a fatal 
Avound. Pausing in their pursuit, the Yermonters gathered 
about the disabled man, but, as if destitute of the common 
instincts of humanity, instead of endeavoring to relieve his 
sufferings, they taunted him upon his miserable condition, and 
" ordered him to take his own knife and cut off his snow- 
shoes," which they claimed as their lawful booty. They then 
robbed him of his arms, wallet, and money, and having dragged 
him through the snow, a distance of sixty rods, to a house, left 
him on the floor weltering in blood, and departed uttering angry 
oaths at the escape of the Guilford lieutenant, and expressing 
impious regrets that he was not then in the situation of the 
dying Spicer. 

Spicer lingered through the night in great agony and died 
on the following morning. During his last hours he, with difii- 
culty, related to "William White and James Davidson, of Guil- 
ford, the circumstances of the transaction. The facts which he 
stated with his dying breath were subsequently reduced to 
writing by them, and sworn to before Judge Kichard Morris 
of jS^ew York. A narrative of the event was also prepared by 
four of the New York refugees, who had removed to Bernard- 
ston, and was by them sent to Governor Clinton. At the close 
of the latter production, the honest sympathies of the narrators 
found expression in these words : — 

" Thus fell the innocent. 

" Our young men fall by the sword, and no one layeth it to heart. 

" Traveller, can you refrain from shedding a tear ? 

34 



530 HISTORY OF EASTERN VERMONT. [1784. 

" We must fall victims to the most savage, barbarous, and 
imirderons usage, unless God, in bis all-wise providence, is 
pleased to incline our fellow-countrjmen to give us assistance 
in this dark and dismal hour." 

Spicer had served as a sergeant in the militia of Massachu- 
setts during the revolutionary war, and had obtained his dis- 
charge in the month of June previous to his death. As has 
been already observed, he was an inhabitant of a town in that 
state ; was kindly disposed towards both the Yorkers and Yer- 
monters ; and had never been concerned in the disputes relative 
to the jurisdiction of the New Hampshire Grants. Such being 
the facts, the conclusions appended to a distorted account of 
the affair, written by a citizen of Yerraont, which appeared at 
the time in Thomas's Massachusetts Spy, cannot but be re- 
garded as ilHberal and unjust. " Unhappily for the unfortu- 
nate man," observed the newspaper chronicler, referring to 
Spicer, " he was a subject of the state of Massachusetts, but 
being out of the line of his duty, by interfering in a contention 
which this state pretends to hold only with that of New York, 
though we lament the death of a fellow-creature, yet we consi- 
der him as having received that reward which is justly due to 
every one who espouses a cause on the principles of prejudice 
and partiality."* 

Fearing that the people in the northern towns of Massachu- 
setts would be instigated both by the wishes of the Yorkers 
residing among them, and by a determination to. avenge the 

* MS. Affidavits, dated March 29tli, 1784. MS. Letter from Timothy Church, 
William White, xsathaniel Carpenter, Samuel Bixby, to Governor Clinton, dated 
Beriiardston, :\Iarch 10th, 1784. Thomas's Mass. Spy, No. 676, April 8, 1784. 

The statement of the transaction which appeared in the Spy, and which is 
referred to in the text, was false in every particular, that alone excepted which 
announced that Spicer was " mortally wounded" and that he expired. It was 
prepared at Windsor, Vermont, and was in these words : — " We hear a party of the 
Yorkers, consisting of about fifty, made a reconnoitering excursion a few weeks 
since in the night season ; but meeting with our people (who hailed them several 
times and received no answer), were fired upon, by which one man was mortally 
wounded, who expired soon aftenvards. By him, they learn that several had 
balls fired through their hats, but none received any flesh wound." 

Jabez Spicer of Leyden, Massachusetts, a brother of Daniel Spicer, served dur- 
ing a part of the years 1786 and 1787 in the well-known "Shay's Rebellion," and 
was killed on the 25th of January, in the latter year, while engaged with otliers 
in an attempt to take the arsenal at Springfield. It is said that he woi-e on this 
occasion the same coat in which his brother was clad when wounded by tlie Ver- 
monters, and that the fatal ball passed through the same hole which had been 
made by their bullet. Yt Gazetteer, p. 143. Holland's Hist. West. Mass., i. 265. 



ITS-i.] ACTION OF THE VERMONT LEGISLATURE. 531 

death of Spicer, to attack the state troops, Lieutenant Knight 
increased his force by levies from Dummerston and the neigh- 
boring towns. At the same time, he strengthened his outposts, 
that he might have timely warning of any hostile incursion. 
From the statement of charges, presented to the treasurer of 
the state of Vermont, on account of services performed in this 
emergency, which statement is still preserved, it appears that 
a certain '' Dan Bill," and other friendly Guilfordites, rendered 
valuable aid as scouts and expresses ; that John Noyce was 
several times employed " in watching y^ motions of y® in- 
surgents ;" and that pilots were engaged, both by day and by 
night, in guiding the troops along the drifted roads to those 
localities which seemed most to require protection. 

Having rendered his position as secure as circumstances 
would permit, Knight, on the Tth of Mai'ch, despatched a 
messenger to the Legislature, who were still in session at Ben- 
nington, with information of the events which had occurred. 
Immediate action was taken upon the subject, as presented by 
the messenger and by the letter which he bore, and a seiies of 
resolutions were passed, appropriate to the exigencies, of the 
occasion. On the 9th, Governor Chittenden was desired to 
write to the Governor of the commonwealth of Massachusetts, 
" on the subject of the tumults in Windham county, requesting 
him to grant warrants for apprehending such inimical persons " 
as had fled or might flee from justice into that state from Yer- 
mont. General Fletcher was requested '' to repair to the county 
of "Windham, and on examining into the circumstances of the 
disorders there, was empowered to call into service the militia 
of his own brigade, and of the other brigades in the state, 
should he deem such measures necessary, and to dismiss them 
when he should judge best. The commissary general was 
authorized to collect and receive the provisions due on a pro- 
vision tax which had been levied during the years 1780 
and 1781, in "Windham county. Tlie wages of the troops, 
who might be called into service, were fixed at the same 
rates at which the troops had been paid who had served at 
Guilford during the preceding winter.* 

Before the return of the messenger from Bennington, a report 
had been industriously circulated that an army was coming 
from Massachusetts to avenge the death of Spicer, and reinstate 
the Yorkers in their possessions. Terrified at this announce- 

* Journals Gen. Ass. Vt., Feb. and March, 1*7 84. 



532 HISTORY OF EASTEKN VERMONT. [1784. 

ment, and aware of his inability to cope with any considerable 
force, Knight retreated in great haste to Brattleborough, and 
summoned the militia to his aid. Here he subsequently met 
Fletcher, who assured him that no danger was to be appre- 
hended from the quarter whence danger had been expected, and 
that the Yorkers were not only unprepared, but unable to make 
any hostile demonstration. At the same time, Fletcher dismissed 
the militia whom Knight had called out, and thus succeeded in 
quieting the apprehensions of the people. Before the end of the 
month of March, the company of state troops, which had been 
located in the southern part of the county, was dismissed from ser- 
vice, and society was relieved from the terrors of law almost 
martial. 

At a town meeting, held in Guilford, a short time after these 
events, the Yorkers assembled in full numbers and chose Hugh 
Stowell, one of their own party, moderator. Though in the 
majority, they were constrained, through fear, to adjourn until 
the 8th of June following, without transacting any business. 
Of the meeting held on this occasion, no account remains, nor 
are any records to be found of the proceedings of the town for 
the next seven years. It is traditional that both parties held 
public and private meetings during that period, producing thus 
a state of anarchy by no means advantageous to the advance- 
ment of the town, or the welfare of its citizens. " Tlie Yorkers, 
although they had the town books, dared not enter their pro- 
ceedings in them, and both sides kept secret their own records. 
During this confusion and jealousy, one party stole the records 
of the other and buried them, together with their own, many 
deeds, and a number of proprietors' papers, in the earth within 
the town pound." Tliere they remained until the exact locality 
of their concealment was well-nigh forgotten. When, after the 
lapse of several years, they were discovered and brought to 
light, they were so much mutilated, as to be entirely illegible,* 

Soon after the death of Spicer, Governor Chittenden com- 
municated the intelligence of the circumstance to Governor 
John Hancock of Massachusetts. The relatives of the deceased 
memorialized the General Court of that commonwealth on the 
same subject. In consequence of these and other represen- 
tations, and in order to prevent the recurrence of a similar 
event in connection with any other citizen of Massachusetts, 

* Vt. Gazetteer, pp. 143, 144. 



178-i.] PROCLAMATION OF THE GOVERNOR OF MASSACHUSETTS. 533 

Governor Hancock published the following proclamation on the 
26th of March : 

" Whereas an unhappy dispute has subsisted between some 
of the citizens of the state of New York and the people inhabit- 
ing the territory called the New Hampshire Grants, or state of 
Vermont ; and it being probable, from the present disposition 
of the parties, that the same controversy may be recommenced, 
to the great distress and calamity of all concerned therein ; and 
there being great reason to fear that some of the citizens of 
this commonwealth, who live on the borders of the said state of 
Vermont, may, by incautiously intermeddling with the conten- 
tion, involve themselves and families in that distress which is at 
all times the consequence of civil dissensions, unless care is 
taken to prevent it : '' 

" I have, therefore, at the request of the General Court, 
thought fit to issue this proclamation, commanding and enjoin- 
ing it "upon all the citizens of this commonwealth, that in all 
and every controversy now existing, or that may hereafter 
exist between the citizens of New York and the people inhabit- 
ing the said state, or between any of them, in whatever form or 
manner the same may exist, they, the citizens of this common- 
wealth, conduct themselves according to the strictest rules of 
neutrality ; and that they give no aid or assistance to either 
party ; but that those who live on the borders of the said state, 
and within this commonwealth, sell to each party indifierently, 
such things as they have to sell, without giving preference to 
either; that they send no provisions, arms, ammunition, or 
necessaries to a fortress or garrison, besieged by either party. 
And all the citizens and inhabitants of this commonwealth are 
absolutely and most solemnly forbidden to take arms in support 
of, or engaging in the service, or contributing to the conquest, 
success, or defence of either of the said parties, as they will 
answer it at their peril." 

This timely warning tended to allay the malevolent feelings 
M^hich had already arisen in the breasts of the inhabitants of 
northern Massachusetts against the people of Vermont, and 
placed in its proper light the conduct of those, who, situated in 
other respects similarly to Spicer, had escaped his unhappy 
fate.* 

Among the acts passed by the Legislature of Vermont dur- 

* Thomas's Massachusetts Spy, April 8th, 1784, No. 676. 



53i HISTORY OF EASTERN VEKiIO^T. [17S4. 

ing the February and March session, was one giving, as had 
been given on former occasions, power to the Governor and 
Council, during the recess, to pardon those persons, residing in 
Windham county, who had " traitorously taken up arms against, 
and otherwise opposed " the authority of the state. Numerous 
appHcations for pardon were presented, in consequence of this 
provision, and many who had been noted as " violent Yorkers," 
seeing that all attempts to oppose the established government 
would be in vain, quietly submitted to the jurisdiction which 
they had opposed with so much determination, and became 
citizens of Yermont. 

Although the settlement of the river towns had not been 
perceptibly retarded by the civil dissensions which had dis- 
turbed the peace of a portion of the community, yet the 
prospect of a settlement of ditficulties seemed to give new life 
to society, by infusing into its composition the element of a 
healthful competition. In AYindsor county, the want of an- 
appropriate building for holding the courts had for some time 
been acknowledged, but the rivalry existing between the inland 
and the river towns had prevented the selection of a location. 
A meeting was finally called by the authority of the county, at 
the town house in AVindsor, for the purpose of deciding in what 
town a court house and jail should be erected. In answer to 
the call a few were present at the meeting on the ITth of 
March, but nothing was accomplished, from the want of a 
quorum. Aware of the difficulties which would arise from a 
discussion of the eligibility of different localities, and convinced 
that Windsor, already a county town, afforded the greatest 
advantages for the erection of a county building, a number of 
the citizens of that place assembled, and subscribed upward of 
£100 towards defraying the expenses of erecting an edifice fifty 
feet in length and thirty-four in width, to be finished in a man- 
ner appropriate to the uses for which it was designed. A com- 
petent builder was immediately engaged, and the structure was 
commenced within three days after its erection had been 
resolved on.* 

For the purpose of inciting the Legislature of New York to 
action. Governor Clinton laid before the Senate, on the 27th of 
March, a number of letters containing accounts of the disorders 
prevaiHng " in Cumberland county," and of the " disagreeable 

* Acts Gen. Ass. Vt., Marcli, 1784. Thomas's Massachusetts Spy, April l4th, 
llSi, No. 677. 



1Y84.] ABILITY OF CHITTENDEN AND ALLEN. 535 

situation " to which many of the citizens of New York had been 
thereby reduced. This information was soon after transmitted to 
Philadelphia, and Charles De Witt and Ephraim Paine, two of 
the delegates in Congress trom New York, represented to that 
body, on the 2-ith of April, and in the plainest terras, their views 
and those of their constituents respecting the course which had 
been adopted to drive the Yorkers either into submission or from 
their homes. But Governor Chittenden and Ethan Allen, 
though not the most polished rhetoricians, possessed by nature 
a forcible style of expression, and proved themselves on paper, 
as well as in the field, a match for their antagonists. While 
the New York delegates, on the floor of Congress, were depre- 
cating the condition to which many of the inhabitants in 
Windham county had been reduced, and were calling on the 
''' impartial world " to bear witness to the " rectitude, modera- 
tion, and liberality " of the measures they had adopted to effect 
a settlement of the question of jurisdiction, Chittenden declared 
that Yermont would act on the defensive, and invoked the 
twelve states to " observe a strict neutrality, and let the two 
contending states settle their own controversy." Allen, too, 
urged his fellow-citizens to combine to support the " liberty and 
independency " of the state, and in the columns of the Yermont 
Gazette laid before the public his own views as to the policy 
which should obtain in the formation and establishment of a 
nation. During the summer, the congressional committee to 
whom the representation of Paine and De Witt had been re- 
ferred, reported favorably to the admission of Yermont into the 
Union, An effort ^vas made, on the 3d of June, to take into 
consideration the views embodied in the rejjort, but Congress 
refused to devote their time to the subject, and the question of 
the controversy, so far as the representatives of the United 
States were concerned, without any agreement as to the time 
wdien it should be fairly met and definitely settled, was left un- 
decided, to the great detriment of all parties concerned in its 
final disposition.* 

At the session of the Superior court, held in February last, 
official notice had been taken of the injury done to Sergt. Sil- 
vanus Fisk, and a presentment had been made of those who it 
was supposed had been concerned in the attack in which he 
suffered. Some of the delinquents had been punished at the 

* Vermont Gnzette, November 18th, 1784. Journals Am. Cong. June 3d, 
1784. Journal Senate, N. Y., 7th session, p. 71. 



536 HI8T0KT OF EASTERN VERMONT, [1784:. 

time, while others had been allowed to remain unapprehended. 
On the 28th of June, warrants founded on the indictments of 
the grand jury w^ere issued, and Henry Evans, Samuel Bixby, 
William "White, Joseph Eliot, Samuel Melendy, and Giles 
Roberts were brought before a court of inquiry, held at West- 
minster on the 9th of July, at which John Sessions, chief judge 
of the county court, presided. As the result of this examina- 
tion, the delinquents were bound over to take their trial on the 
charges alleged against them, at the next session of the Supe- 
rior court. Worn out by the indignities to which for a long 
time they had been subjected, and aware that a continuance in 
their present course would only sink them deeper in trouble, 
they presented their grievances to the General Assembly of 
Vermont on the 25th of October. In the form of a petition, they 
stated that they had for several years owed and paid allegiance 
to the United States and the state of New York, and in conse- 
quence of their loyalty had suffered by imprisonment, confisca- 
tion of estates, etc. Eeferring to the apatliy of Congress, they 
acknowledged that they had lost all confidence in "public 
faith." Though expressing their willingness to stand the trial 
at w^hich they had bound themselves to appear, they asked for 
pardon, and to be received as citizens of the state. 

Another petition of a similar import, signed by twenty of the 
"late disafi:ected inhabitants," was presented to the General 
Assembly on the same day. Both papers were referred to a 
committee, who, on the 27th, reported favorably to the prayer 
of the petitioners. A bill was accordingly prepared and passed, 
granting a free pardon to twenty-six persons, who had previously 
been open and avowed opj)onents of the government of Ver- 
mont. Of these, seven were citizens of Brattleborough, eight- 
een of Guilford, and one of Marlborough. By the terms of 
the act, forgiveness was extended to them for all the crimes 
they had committed, and all their property, real and personal, 
which had been taken from them, as forfeited to the state, and 
which had not been disposed of, was to be returned, provided 
they should appear before some justice of the peace in the 
county of Windham, within two months from the time of the 
publication of the act, and take the oath of allegiance to the state. 

In answer to a petition from Charles Phelps for " a full par- 
don," and a reversion of the sentence of the Supreme court, re- 
specting the confiscation of his property, a joint committee of 
the Council and Assembly stated in their report, that he had 



1784.] FULL PAliDON OF CHAKLES PHELPS. 537 

acted meritoriously in former times, in endeavoring to prevent 
the state of JSTew York from re-granting the lands on the New 
Hampshire Grants, and in opposing a union and association of 
the people of Cumberland county with New York ; that he had 
been " very serviceable to his country, by procuring and sell- 
ing, without profit to himself, a quantity of arms, ammunition, 
and salt ;" that, on the other hand, he had for a number of 
years past, been "exceedingly obstinate against and troublesome 
to" the government ; and had had the sentence of imprison- 
ment and confiscation passed upon him as the punishment of the 
crime of treason. On account of "his former merit, his advanced 
age, and the bad circumstances of his family," they recom- 
mended that his request should be granted. By the act which 
passed the Assembly on the strength of this advice, the attain- 
der of treason with which he had been disgraced at the last 
session of the court was removed, and directions were given 
that all his estate, both real and personal, with the exception of 
such as had been already disposed of, should be restored to him 
on the payment of £35 lawful money, as an indemnification to 
the state for the costs of prosecuting the various actions Mdiich 
had been brought against him. Satisfied with the terms of this 
act, Phelps accepted the pardon for which he had asked, and 
became, nominally, a citizen of Vermont. In feeling and prin- 
ciple he remained devoted to the cause of New York until the 
day of his death. His last will was dated at " New Marl- 
borough, in the county of Cumberland and state of New York." 
In this instrument, referring to the people of Yermont, he stated 
that they had deprived him of his possessions, and thereby re- 
duced him to poverty, but expressed a faint hope that relief 
would be found for his descendants in the legislation of coming 
years. However mistaken he may have been in the means by 
which he sought to manifest his loyalty towards New York, yet 
the sincerity of his professions in behalf of that state, during the 
time in which he avowed them, cannot be doubted, and in the 
report of the committee of the Legislature of Yermont, on which 
was based the act of pardon which was passed in his favor, 
even his enemies acknowledged the good services he had done 
in behalf of American freedom, and bore witness to his strenuous 
endeavors in past periods, to advance the interests and increase the 
comforts of the early settlers on the New Hampshire Grants.* 

* Journals Gen. Ass. Vt., Oct. 26th, 1784. Slade's.Vt. State Papers, pp. 494, 
495. 



538 HISTORY OF EASTERN VERMONT. [1785. 

The strenuous measures of the government of Yermont, 
exerted for several years with determination, had at length 
silenced effectually the open opposition of those who acknow- 
ledged the jurisdiction of New York. The inhabitants of the 
" separate and independent" state, who for eight years had 
maintained a civil and political existence, began now to look 
forward with assurance to the period when they should be 
recognized as an integral part of the confederated states, and 
permitted to enjoy the benefits arising from the Union which 
they, to a certain extent, had helped to create and maintain.* 
Though Congress refused to encourage them in the hope that 
Yermont would be admitted, as an equal, to a share in the fede- 
ral government, yet the report had gone abroad that no diffi- 
culty would be experienced in effecting the long-desired con- 
nection. Alarmed at this rumor, Jotham Biglow, Timothy 
Church, William White, and Samuel Bixby, in behalf of a 
number of the " loyal subjects" of New York, residing in Guil- 
ford and Brattleborough, wrote to Governor Clinton on the IStli 
of March, 1785. " We would inform you," said they in this 
communication, " that it is commonly reported that there are 
now twelve states convened at Congress in the city of New 
York, besides the agents from Yermont, who we do hear have 
reported that all those people that called themselves the sub- 
jects of New York, have yielded quiet submission unto Yer- 
mont, and that they have taken the oath of fidelity unto it ; 
and also, how that the Yermonters have obeyed Congress in 
restoring and in making good all our damages ; and also, how 
that thay have relinquished the large fines that they have laid 
on many of us for obeying Congress, or rather, for disobeying 
Yermont. Now, kind sir, we have great reason to bless the 
gi'eat God of truth, that we and many others, not only here on 
the Grants, but also our neighbors in the Bay state, can with 
truth say, and do dare to say, that there is no color of truth in 
such a report. We say that there is not one man of the York 
party who has taken the oath of allegiance unto Yermont, ex- 
cepting only such of them as have been taken and confined in 

* " The Vermonters seem much elated at the idea of their being admitted into 
the confederation of the Unites! States : and indeed they have reason for exulta- 
tion, since they •will participate in the advantages, and have borne but a small 
part of the expenses attending the late Revolution. Their delegates have arrived 
at Congress, and presented their credentials, but whether they have taken their 
seats, we are not informed. ' Salem (Mass.) Gazette, January 4th, 1785. 



1TS5.] A DENUNCIATORY LETTER FROM THE YORKERS. 539 

gaol, and fed with the bread and water of affliction, and made 
to siifier both with cold and hunger, being in iron chains and 
fetters." 

Continuing in this strain, they declared the statement that 
restitution had been made to them for damages, " a right-down 
falsehood ;" that, on the contrary, their opponents w^ere " lay- 
ing heavy fines and taxes" on them, " yea, very heavy indeed ;" 
that his " only cow" had been taken from many a poor man ; 
and that several citizens had been obliged " to quit their farms 
and flee into the Bay state for protection, with their families, 
there to get their bread as they can." They assured the Go- 
vernor that it was the fixed determination of some of their num- 
ber who were " somewhat low in the world," to " leave these 
regions of horror as soon as the spring doth open, and fly away, 
that they may be at rest from these Yermonters." Every day 
we are " in jeopardy of our lives and fortunes," said they. 
" "We are taken for every ofi'ence, let it be ever so small ; and 
as certainly as that we are taken and tried by the Vermont au- 
thority, we are obliged to pay all costs and damages — whether 
just or unjust, it makes no matter." Having made known their 
condition by the presentation of facts which no one pretended 
to deny, they concluded their memorial w^ith a petition, which 
Governor Clinton would have been rejoiced to grant, had he 
possessed the power. " It is the hearty prayer and wish of all 
your good subjects here, that his Excellency w^ould exert him- 
self unto the uttermost of his power to deliver this distressed 
people out of the hands of these wicked tyrants." * 

Though Congress studiously maintained silence on the ques- 
tion of the admission of a new state, the legislators of Yermont 
deemed it best to be prepared to meet any proposals to that 
efi'ect which might be offered. On the 18tli of October, the 
General Assembly, then in session at "Windsor, elected Moses 
Hobinson, Ira Allen, and Stephen R. Bradley, their agents to 
Congress. No opportunity was afforded these gentlemen of 
initiating negotiations for a friendly union between Yermont 
and the United States ; yet there were but few in the state who 
could have conducted a transaction of this nature with greater 
dignity and effect than they. 

Internal dissensions having been brought to an end, the dan- 
gers of invasion from a foreign foe having long since ceased to 

* George Clinton Papers, in office Sec. State N. T., toL xx. doc. 5563. 



640 HISTOKY OF EASTERN VERMONT. [1Y85. 

be expected, the inhabitants of Vermont began to turn their 
attention with great assiduity to the improvement of the moral 
and civil condition of the state. Permission having been 
granted by the General Assembly, taxes were levied in various 
towns for the purpose of obtaining the means of building 
churches and grammar schools. Old county houses were re- 
paired, and new ones erected. Communication between the 
diiferent towns was rendered more easy by the construction of 
roads. Rivers were spanned by bridges built with the proceeds 
of lotteries authorized by law. Ferries were established at 
available points on the Connecticut. The farmer cultivated his 
land with greater care and more persevering labor. The arti- 
zan toiled at his occupation cheerfully, and with good hope of 
the future. One cause for disquiet alone remained. The incu- 
bus of debt brooded over many like a threatening cloud. Pay- 
ment, if enforced at this time, could not be made without pro- 
ducing the direst want. Wiien, at a later period, judicial 
authority was invoked to enforce the execution of the laws 
against debtors, results followed which showed but too plainly 
the remoter effects of the revolution, which for seven years had 
wasted the energy and expended the treasure of a nation. 



CHAPTEE XX. 

THE ADMISSION OF VERMONT INTO THE UNION. 

Petitions of citizens of New York who had suffered loss in Vermont— Statement of 
their losses — Report of committee of the New York Legislature on the petition 
— Commissioners of the Land Office appropriate lands for the sufferers, situ- 
ated in Clinton, now Bainbridge — Governor Chittenden's address to the people 
of Vermont — Insurrection at Windsor — Trial of insurgents — Another disturb- 
ance — Military called out — Obedience to law enforced — LaAvs relieving the 
distresses of the people — Disposition among prominent citizens of New York, 
favorable to the acknowledgment of Vermont as an independent state — Bill for 
this purpose introduced into the Legislature of New York — Hamilton's speech 
in its behalf — It fails — Bounds of Cumberland and Gloucester counties — ^Adop- 
tion of the constitution of the United States — Correspondence between Na- 
thaniel Chipman and Alexander Hamilton — Commissioners appointed by New 
York to declare Vermont a separate state — Commissioners appointed by Ver- 
mont to meet them — Other commissioners appointed by New York — Delibera- 
tions of the commissioners of the two states — Report of the New York com- 
missioner's — Is approved of by the Legislature of Vermont, who pass an act for 
paying $30,000 to New York, as an indemnity — Convention at Bennington for 
considering the expediency of asking for Vermont admission into the Union — 
Negotiations — Vermont becomes one of the United States — Division of the 
$30,000 among the New York claimants. 

By tlieir opposition to the government of Veraiont, the sup- 
porters of New York residing in the southern part of Windham 
county had lost many of their personal effects ; had been 
obliged to neglect, to a certain extent, the cultivation of their 
farms, and the care of their premises ; and had suffered incon- 
veniences, serious and without number. These causes, com- 
bined with the fines and imprisonment to which they had 
been subjected, had reduced them to a condition of poverty 
from which they could not well recover without assistance. 
On the 24tli of February, 1786, Timothy Church, William 
Shattuck, and Henry Evans addressed a petition to the Legisla- 
ture of New York on the subject of the losses which they and 
tlieir fellow-sufferers had sustained. In this paper they stated 



542 HISTORY OF EASTERN VERMOXT. [IT86. 

that they and their friends, " by their attachment, zeal, and 
activity in endeavoring to support the just and lawful authority 
of New York," had incurred the displeasure of those " who 
styled themselves freemen of Vermont ;" that they had been led 
to believe by the resolutions of Congress — especially those of 
the 5th of December, 1782 — and by the laws and declarations 
of the Legislature of New York, that " the lawless and ungrate- 
ful usurpers" of the jurisdiction of that state " would be 
brought to submit to its lawful authority ;" that they had been 
deceived in these reasonable expectations ; and that their oppo- 
nents had " risen in arms to the number of four or five hun- 
dred" against them, had killed one and wounded others of their 
number, had driven some from their habitations or imprisoned 
them, and had confiscated the estates and sold the effects of 
many. " Your petitioners cannot but hope," they observed in 
conclusion, " that having thus sacrificed their all ; suffered 
such exquisite tortures, banishments, imprisonments in loath- 
some gaols, half-starved and threatened with being put to 
ignominious deaths, but that your honors will take their case 
into your most serious consideration, and grant them some 
relief in their deplorable situation. And your petitioners, as in 
duty bound, will ever be good citizens of the state of New 
York."* 

This petition was read in the Senate on the 27th, and was 
committed to Messrs. Williams, L'Hommedieu, and Douw. On 
the 28th, Church, Shattuck, and Evans prepared a verified list, 
containing not only the names of those who had suffered on 
account of their attachment to New York, but also a statement 
of the amount of damages they had sustained. By this it 
appeared that of those who had been either imprisoned, 
banished, or deprived of their effects, four were civil oflicers, 
twenty-one military oflicers, and nearly a hundred private 
soldiers. It was also shown that their losses amounted to 
£16,663 13s. 8d. On the 1st of March, Mr. L'Hommedieu, 
from the committee to whom was referred the petition, pre- 
sented the following report : — 

" It appears to the committee, that the petitioners, with 
many others holding oflices, both civil and mihtary, under the 
authority of this state, with other inhabitants of the county of 
Cumberland, have greatly suffered in their persons and estates, 

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 61. Doc. 
Hist. N. y., iv. 101-i, 1015. 



1786.] GRANTS TO CHUKCH, SHATTUCK, AND OTHERS. 543 

and are still subject to heavy fines imposed by the authority of 
the assumed state of Vermont, for no other crime than support- 
ing the lawful authority of this state in the said county, which 
they from time to time have done, in pursuance of smidry reso- 
lutions of Congress, the several laws of this state, and the 
directions of their superiors in office. That the petitioners, with 
others whom they represent, being deprived in a great measure 
of the means of subsistence, and having become odious to the 
present government of the said assumed state, by reason of 
their supporting the laws of this state in the said county, are 
unable to continue longer in tlie said county without the great- 
est inconvenience to themselves and families, and are desirous 
of removing immediately into the western parts of this state, 
2)rovided they could procure vacant lands fit for cultivation. 
That in the opinion of 3'our committee, the said petitioners and 
others wdiom they represent, have a claim on the state for some 
compensation for their sufferings and losses, and that it Mall be 
proper for the state to grant to the petitioners and the persons 
they rej^resent, a quantity of vacant land equivalent to a' town- 
ship of eight miles square." 

After reading the report, Mr. L'Hommedieu delivered it in 
" at the table," where it was again read, and agreed to. There- 
npon, the Senate resolved " that the Legislature, during their 
present meeting, will make provision for granting to Col° Ti- 
mothy Church, Major Wilham Shattuck, Major Henry Evans, 
and about one hundred other persons whom they represent, a 
quantity of vacant lands equal to a township of eight miles 
square." A copy of this resolution was immediately sent to 
the Assembly, and on the same day a resolution of concurrence 
was returned to the Senate.* 

Soon after these proceedings, measures were taken to com- 
ply with the determination expressed in this concurrent resolu- 
tion. The result of these efforts was seen in the twentieth 
clause of "An act for the speedy sale of the unappropriated 
lands within the state, and for other purposes therein men- 
tioned," passed on the 5th of May. By this clause, it was 
enacted that " it shall, and may be lawful to, and for the said 
commissioners [of the land oflice], to appropriate a tract of land 
equal to eight miles square, in any of the townships to be laid 

* Journal Senate N. Y., 0th session, pp. 32, 35, 36. Journal Assembly N. Y., 
9th session, p. 64. Papers relating to Vt. Controversy, in office Sec. State N. Y., 
p. 53. Doc. Hist. X. Y., iv. 1015-1017. 



5M HISTOKT OF EASTERN VEKMONT. [1786. 

out in pursuance of this act, for the use of Colonel Timothy 
Church, Major William Shattuck, and Major Henry Evans, and 
such other persons of the counties of Cumberland and Glouces- 
ter, as shall be deemed by the said commissioners to be suffer- 
ers in opposing the government of the pretended state of Ver- 
mont, and to grant the land in such township, in such propor- 
tion to each of such suflferers, as to the said commissioners shall 
seem meet and proper, and to direct lettei-s patent to be pre- 
pared accordingly, and, having approved of the same, the 
Governor, or person administering the government of this state 
for the time being, shall cause the great seal of this state to be 
affixed thereto."* 

On the 6th of May, the day following the adoption of this 
act, a meeting of the commissioners of the land office w^as held 
in the city of New York, at the office of the secretary of state. 
Kecognizing the full force of the act, the title of which has 
been already cited, and of a resolution they had previously 
passed, in which they described generally the land which they 
intended to bestow upon those who had suffered in the service 
of the state — the commissioners resolved " that the following 
tract of land equal to eight miles square, in a township to be 
laid out agreeable to the said act and the preceding resolution, 
be and is hereby appropriated for the use of Colonel Timothy 
Church, Major William Shattuck, and Major Henry Evans, 
and such other persons of the counties of Cumberland and 
Gloucester as shall be deemed by this board to be sufferers in 
opposing the government of the pretended state of Vermont, to 
wit : — Beginning at a point on the west bank of the Unadilla 
or Tianaderha river, one mile northerly from where the same 
empties itself into the Susquehanna, and thence running down 
the said river to the mouth thereof, thence southerly along the 
line run by Simon Metcalfe for the line of cession, commonly 
called the line of property, established at the treaty with the 
Indians at Fort Stanwix in the year 1768, eight miles, and 
extending from thence and from the place of beginning west so 
far as to include 40,960 acres, the north and south bounds to be 
east and west lines, and the west bounds to be a north and 
south line, and that a certified copy of this resolution be a suf- 
ficient warrant to the surveyor general to survey the same." 

The prosecution of the claims of the New York adherents 

* Laws of New York, 9th session, p. 133, 



1786.] DISTEIBUTION OF LAi^'D. 545 

was entrusted to the care of Timothy Church and William 
Shattuck. On the 11th of July, at a meeting of the commis- 
sioners of the land office, held in the city of New York, they 
produced to the board " a list of the names of one hundred and 
seven persons, inhabitants of Cumberland county, with their 
affidavit, proving that the said persons were sufterers in oppos- 
ing the government of the pretended state of Yermont, and 
that the quantity set down on the said list opposite to the 
names of the respective persons, are the proportions which they 
would, on an estimate of their respective losses of property 
and time, and suiferings by imprisonment, respectively be enti- 
tled to, of the tract of eight miles square, appropriated, agree- 
able to law, by this board for their use, on a presumption that 
there were no other sufferers." On a closer investigation, the 
board concluded that there might be other persons equally en- 
titled to " the bounty of the state," whose names were not 
inserted in the list presented by Church and Shattuck. Tliis 
opinion was sustained by the fact that the list did not " in any 
instance lextend to the inhabitants of Gloucester county." A 
resolution was therefore passed, " that there be reserved of the 
tract appropriated as aforesaid, the quantity of 6,400 acres, 
equal to ten lots, to satisfy the claims of such of the said suffer- 
ers as may not be included in the list now produced." 

The board then proceeded to the consideration of the claims 
of the several persons named in the list, and having acknow- 
ledged them " to be sufferers in opposing the government of 
tlie pretended state of Yermont," distributed among them, in a 
ratio proportionate to their losses, fifty-four lots of 640 acres 
each, reserving ten lots of 640 acres each to meet any just 
demands for compensation that might be made in the future. 
Of the land thus granted, Timothy Church received 3,840 
acres ; William Shattuck, 3,200 acres ; Henry Evans, 1,920 
acres ; Francis Prouty, 1,180 acres ; Hezekiah Stowell, 840 
acres ; William White, Joseph Peck, Daniel Ashcraft, and 
David Thurber, each 640 acres ; Charles Phelps, 508 acres ; 
James Davidson, 500 acres ; and the rest smaller quantities.* 

* Daniel Shepardson received 280 acres. On the 4th of July, 1786, a few days 
before the allotment was made, he wrote to Governor Clinton from Guilford, in- 
forming his Excellency that he was dissatisfied with the statements that Mr. Shat- 
tuck had presented concerning liis (Shepardson's) losses by the Vermonters. At 
the same time, he communicated an epitome of his losses in these words : — " By 
the Best Istemate that I Can make on the Whole for Time and Money Spent and 
for My Catel that have Bin taken from me By the Varmontears and for Being 

35 



546 HISTORY OF EASTERN VERMONT. [17SG. 

But in no case did any one person receive less than 90 acres. 
Of the reserved lands, lots of 640 acres each were, on the 12th 
and 14th of September, divided among certain of the sufferers 
who had neglected to apply for compensation at the appointed 
time.* 

Tlie land granted to " the suiferers in opposing " the go- 
vernment of Yermont was, at the time of the grant, located in 
Montgomery connty. It formed " a part of a larger tract " 
which the province of New York had purchased of the Oneida 
and Tuscarora Indians, in the year 1768, and was known in the 
records of the land office and on the pages of the field books as 
a part of N"o. 2, or Clinton township. In the year 1Y91, the 
land which had been appropriated to the " suiferers," and a 
sufficient quantity additional to make an area of 48,000 acres, 
was erected into a township by the name of Jericho. On the 
1st of June, 1814, the name of the township was changed to 
Bainbridge, in honor of Commodore William Bainbridge, 
whose victory, as commander of the Constitution, over the 
British frigate Java, was at that time the theme of remark and 
admiration throughout the United States. Bainbridge is situ- 
ated in the south-eastern corner of the county of Chenango. The 
Susquehanna river runs through the township from the north-east 
to the south-west, and divides it diagonall3^ " The inhabitants 
came principally from the Eastern States," observes Mr. Spaf- 
ford in his Gazetteer of the State of New York, " and it is 
almost superfluous to add that common schools for the educa- 
tion of youth are weU 9uj)ported."t 

maid prisoner allso for my Seeing Drove from my Famaly and farm a Bout five 
Months, their Distressing my famaly and taking provishon from my house when 
I was in Exile allso their taking my Son prisonr who was a Solger under C 'p Peck 
and for two fire arms and for Many more Damages too Neumorous to Menshun 
the which I Sustaned By Vermont [my losses are equal] To the Amount of Four 
Himdred Dolars And for the Better understanding I wood Refer His Exeelency 
Unto M" Evens Who is Best aquanted with my Affairs." It is probable that this 
information arrived too late to affect the decision of the commissioners. Papers 
relating to Vt. Controversy, in office Sec. State N. Y., p. 55. 

* Land Office Minutes, in office Sec. State N. T., 1784-1788, i. 169, 170, 194- 
198, 220, 221, 224, 225. Doct. Hist. N. Y., iv. 1017-1020. 

The names of the " sufferers" who were recompensed in lands, the quantity 
they received, the time when the grants were made, and other particulars relat- 
ing to this subject, will be found in Appendix K. 

f The town of Bainbridge, by the name of Clinton, was situated in the county 
of Montgomery until February 16th, 1791, when Tioga county was taken from 
Montgomery. At that time Bainbridge, by the name of Jericho, was organized 
as a part of Tioga. On the 15th of March, 1798, portions of Herkimer and Tioga 



1786.] WISE ADDRESS OF GOVEKNOK CHITTENDEN. 5i7 

"While the Legislature of New York were endeavoring to 
compensate those of their citizens, who in maintaining the 
jurisdiction of that state on the " Grants," had lost much of 
their real and personal estate, the government of Vermont was 
engaged in devising measures to satisfy the wants of its own 
citizens. During the summer, " the sufferings of the people 
becoming severe, and their complaints loud, on account of 
the extreme scarcity of money. Governor Chittenden, in the 
month of August, published an address to the inhabitants 
of the state, which was evidently dictated by a paternal regard 
for their welfare and happiness." In this carefully considered 
paper, he earnestly exhorted his fellow-citizens to be industrious 
and economical ; to avoid, as much as possible, the purchase of 
foreign productions ; and to devote their attention to the raising 
of flax and wool, and the various articles necessary for food 
and clothing. He counselled them to exercise prudence and 
diligence in business ; mutual forbearance and kindness in their 
relations with one another ; and a true regard for the safety of 
the state. By this course of conduct, and by the assistance 
which the Legislature would afford at their next session, he 
expressed a hope that their sufferings would be brought to a 
speedy termination, and they become " a prosperous and happy 
people."* 

In accordance with the promise of Governor Chittenden, 

counties were formed into a county by the name of Chenango. Since that time, 
Bainbridge — by the name of Jericho until 1814, and subsequently by the name of 
Bainbridge — has formed a part of Chenango county. The village of Bainbridge, 
now a "large and thriving" place, was incorporated by an act of the Legislature 
of New York, passed April 21st, 1829. The other settlements in the town are 
known as East Bainbridge, North Bainbridge, South Bainbridge, and Bettsburgh. 

In the laws of New York, appended to the act for " altering the name of the 
town of Jericho in the county of Chenango " to Bainbridge, which was passed on 
the 15th of April, 1814, appears the following note, by the patriotic editor of the 
volume, inserted in brackets: — "The name of Bainbridge will be held dear by 
every American who loves his country and admires the heroes who defend it. 
The inhabitants of Jericho have evinced much patriotism in the alteration of the 
name of this town. We have now counties and towns bearing the names of 
Wasliington, Clinton, Gates, Jay, Preble, Decatur, Perry, and Bainbridge, besides 
others in honor of our revolutionary and naval heroes." — Maps in Book of 
"Deeds," in office Sec. State N. Y., xx. 568 — 570. Map No. 57, in office Sec. 
State N. Y. Laws of New York, 1791, 14th session, chap. x. Greenleafs ed., ii. 
341 ; 1798, 21st session, chap. xxxi. ; 1799, 22d session, 2d meeting, chap, xxxiii. ; 
1814, 37th session, chap, clxxx. p. 213; 1829, 52d session, chap, cxcviii. pp. 802 — 
308. Spafford's N. Y. Gazetteer, Art. Jericho. Biog. Am. Military and Naval 
Heroes, ii. 143 — 176. Barber's N. Y. Hist. Coll., ed. 1841, pp. 99, 100. 

* Thompson's Vt., Part II. p. 79. 



548 HISTORY OF EASTERN VERMONT, [1786. 

measures were taken bj the Legislature during their session in 
October, to relieve the embarrassments of the people. Those 
who were inclined to suffer inconvenience rather than disturb 
the peace of the state, ceased to complain, and endeavored to 
quiet the murmurings of their neighbors. Others who owed 
money and who did not intend to pay their debts, determined 
" to prevent the sitting of the courts in which judgments and 
executions might be obtained against them." By the terms of 
the statute, a session of the court of common pleas for the 
county of Windsor was appointed to be held at "Windsor on 
Tuesday the 31st of October. On the morning of that day, a 
mob of about thirty armed men,* from the towns of Barnard 
and Hartland, under the command of Robert Morrison, a Hart- 
land blacksmith, and Benjamin Stebbins, a Barnard farmer, 
assembled near the court house at Windsor, a little after sun- 
rise. Though no movements to that effect were made, yet their 
obvious design was to hinder the sitting of the court. Prompt 
in the discharge of duty, Stephen Jacob the state's attorney, 
and Benjamin Wait the high sheriff, waited on the malcontents ; 
read to them the riot act and several other acts relative to un- 
lawful assemblages ; made proclamation to them to disperse ; 
addressed them on the " impropriety of their proceedings ;" and 
kindly advised them to return peaceably to their homes. After a 
little hesitation, they concluded to obey the laws, and dispersed.f 
The court convened in the afternoon, adjourned to the next 
morning, and then proceeded to business without any further 
molestation. 

On Tuesday, the 14th of November, a term of the Supreme 
court was held at Windsor, Paul Spooner, chief judge, presiding, 
assisted by Nathaniel Niles, Nathaniel Chipman, and Luke 
Knowlton, side judges. Warrants were immediately issued for 
the arrest of the rioters, and Morrison and several of his men 
were taken and placed in confinement. Complaints were then 
exhibited against them by Stephen Jacob. In these it was charged 
that they, on the 31st of October, " with guns, bayonets, swords, 

* In the complaint exhibited by the state's attorney, in the action of the free- 
men against the rioters, the persons charged with being engaged in this disturb- 
ance, were Amos Bicknal, John Whitcomb, and Solomon Aikin of Barnard; 
Moses Lull, Daniel Munsell, Daniel Munsell, Jr., Thomas Lazel Munsell, and Hira 
Flowers of Hartland; and " divers others to the said attorney unknown." MS. 
Court Papers. 

■j- In one account the following statement appears : — " The insurgents being 
disappointed in their views, dispersed." 



17S6.] WINDSOR RIOTS. 549 

clubs, drums, fifes, and other warlike instruments, unlawfully, 
routously, and tumiiltuously did assemble and gather themselves 
together, to disturb and break the peace of the state ;" and that 
being thus assembled, they did "parade themselves in the front 
of the court-house in said Windsor in martial array, and with 
fixed bayonets did resist, obstruct, and hinder " the sherifi:" of the 
county, and the county court "from entering the said court 
house, and them did impede from opening and holding the said 
court, then and there by law to be opened and holden." To 
these charges Morrison pleaded guilty and threw himself upon 
the mercy of the court. The court sentenced him to suffer one 
month's imprisonment ; to procure bonds of £100 for his good 
behavior for two years ; to pay a fine of £10, and to bear the 
costs of the suit. Tlie punishment of the other offenders, who 
either pleaded or were found guilty, was proportioned to the 
offences they had committed. 

Soon after the result of the trial had been announced, about 
fifty of the insurgents, most of whom resided in Hartland, 
assembled under arms at the house of Captain Lull, in that 
town, five miles north of the Windsor court house, with a fixed 
determination to rescue Morrison from imprisonment. Tlie 
court having been informed of these proceedings on the 16th of 
November, directed the sheriff to procure assistance, proceed to 
the place where the insurgents were collected, arrest them, and 
commit them to prison. In obedience to these commands 
sheriff Wait, who was also Colonel of the third regiment of the 
Vermont militia, ordered Captain Dart of Weathersfield to 
march his company to Windsor. On the evening of the same 
day, the soldiery of the latter place assembled to aid the civil 
authority. The court and some of the higher military officers 
then called a council, and having taken into consideration the 
situation and character of the mob, determined that it would 
be true policy to take them by surprise. In conformity with 
this conclusion. Colonel Wait, with a force of forty men well 
armed, set out for the encampment of the insurgents very early 
on the morning of the ITth, and after a march of more than 
five miles, reached it between the hours of three and four. 

Having escaped the notice of the guards by taking a circui- 
tous route, Wait and his men entered Captain Lull's house in 
two divisions, and after a short, but " very resolute " attack, 
captured tM-enty-seven of the insurgents. During the conflict 
the leaders of the revolt escaped. So expeditiously was this 



550 HISTORY OF EASTERN VERMONT. [1786. 

service performed, that Wait's party returned to AYiiidsor and 
lodged the culprits safely in the jail at that place, before sun- 
rise. Though the victory over the insurgents was gained with 
comparative ease, yet several wounds were received by the 
sheriff's party. Stephen Jacob, the state's attorney, did not 
escape without injury, and Wait himself was "badly wounded in 
the head."* Still he was able to attend court, and, observed a 
chronicler of that time, would " have headed his regiment if 
necessity had required' it." The results of this attack would 
have been far more disastrous, but for the humanity and firm- 
ness evinced by the military. The conduct of Captain Dart 
was highly applauded, and it was publicly announced at the 
time that he and his company were entitled to " the particular 
thanks of the freemen " of the state. 

On the 18th the state's attorney exhibited a complaint against 
the insurgents,t in which they were charged with having 
assembled for the purpose of hindering the Supreme court from 
proceeding with the trial of certain persons who had been 
" informed against for a high misdemeanor," and for the purpose 
of rescuing Robert Morrison, " then a prisoner in the gaol at 
said Windsor pursuant to a legal order from said court." In 
answer to these accusations the prisoners pleaded guilty, and 
appeared " very humble and penitent." In consequence of these 
manifestations, they were "treated with great tenderness by the 
court." Fines were imposed upon them, and they were also 
required to discharge the cost of the suits, and to procure bonds 
for their good behavior for one year. Fears had been enter- 
tained that an insurrection of the people was about to haj^pen, 
which would endanger the government of the state, and jeopar- 
dize the lives and liberty of those who refused to join it. Pre- 
parations for such an event were accordingly made, and on 
Saturday, while the trial of the insurgents was in progress, six 
hundred soldiers;}: under the command of Brig.-Gen. Peter 

* In the pay roll of the field and staflF oiEcers, Colonel Wait claimed remunera- 
tion for loss, occasioned by "twenty-six days' sickness of wound." 

\ In one of these complaints, the persons informed against, were Amos Kendall, 
Benjamin Hale, Silas Hale, David Hale, and Abijah Capen of Windsor ; Benjamin 
Munsell, Timothy Wooster, Eleazer Bishop Jr., Paul Rogers, Oliver Rogers, 
Samuel Danforth, Silvanus Wood, John Jenne, Elzi Evans, Asa Evans, Zera 
Evans, Elisha Gallup Jr., James Kelsey, and William Hopkins of Hartland ; and 
Josiah Clark, and Josiah Hurlburt of Woodstock. MS. Court Papers. 

X Among the militia present on this occasion, were Capt. Matthew Patrick's 
company of forty-three men ; Capt. Andrew Tracy's of twenty -one men ; Capt. 



1786.] OUTBREAK IN RUTLAND. 551 

Olcott assembled under arms at "Windsor. Meantime the insur- 
gents, having received reinforcements, had collected at Lull's 
house to the number of a hundred. "Wliile in doubt as to the 
course they should pursue, information was brought to them 
of the preparations for defence or attack which were in progress 
at Windsor. Satisfied that government was too strong to be 
overcome by their puny efforts, the malcontents dispersed, stu- 
dious only to avoid detection and disgrace. Early in the following 
week the soldiers returned to their homes, and peace was again 
restored to the distracted county. On the 21st of November, 
a similar outbreak occurred in Rutland, at the commencement of 
the session of the court. For a time, it seemed as though the 
efforts of the " Regulators," as the rioters styled themselves, 
would be successful. But the firmness and dignity of the 
court ; the readiness of the militia to act in defence of govern- 
ment ; and the speedy measures which were taken to quell the 
insurrection, all united to avert a result so fearful. The insur- 
gents were in the end defeated, and the course of justice was not 
again impeded by the reckless conduct of those whom misfor- 
tune had reduced to misery and want. Tlie passage of laws to 
relieve the people from vexatious litigation, and more especially 
of an act " making neat cattle, beef, pork, sheep, wheat, rye, 
and Indian corn a lawful tender, if turned out by the debtor on 
any execution, which must be received by the creditor at the 
value of their apprisal by men under oath,"* tended to make 
the burden of debt under which many were laboring more 

Henry Tolles's of sixteen men ; Capt. Asahel Smith's of thirteen men ; Capt. 
Nathaniel Weston's of ten men ; and the combined companies of Capts. John 
Hopson and Nathaniel Severs of twenty-two men. The field and staff officers of 
the third regiment who, as it was expressed in the pay roll, "turned out for the 
support of government," were Col. Benjamin Wait, Lieut.-Col. Elijah Robinson, 
Major Jesse Safford, Adjt. Briant Brown, and Qr.-Mr. Jesse Williams. During 
this disturbance, the troops were well fed, as appears by the bills subsequently 
presented to the state treasurer for payment. Col. Benjamin Wait's demand " for 
supplying the troops with rum and other necessary provisions" was allowed, as 
was that of Elijah West " for his victualling and liquors delivered to Capt. Dart's 
company," and as were also several other demands of a similar nature. 

* Tliis act was passed at the session of the Legislature of Vermont, held at Ben- 
nington during February and March, ITS'?. On the 2d of the latter month, the 
following resolution was passed by the General Assembly, and ordered to be pub- 
lished : — " Resolved, that this house entertain a high sense of the services done 
to this state by the officers and soldiers, whose spirited exertions crushed the late 
daring insurrection against government, in the counties of Rxitland and Windsor, 
and do hereby return the said officers and soldiers their hearty thanks." — Thomp- 
son's Vt., Part II. p. 81. 



552 HISTORY OF EASTERN VERMONT. [1TS6. 

endurable, and served " to check the legal enforcement of col- 
lections." The people became satisfied of the protective cha- 
racter of government, and gave it a support, cordial, firm, 
manly, and patriotic. Attention to business was rewarded by 
mcreased profits. Competence crowned the labors of many. 
Contentment smiled in the humble cottage and pervaded the hos- 
pitable farm-house. Health glowed in the faces of the rosy girls 
and ruddy matrons of the Green Mountains, and happiness waved 
its wand of blessing over the valleys of the peaceful Connecticut.* 
The allotment of lands by the Legislature of New York to 
Timothy Church and his associates, led others who had been 
similarly situated, but who at a comparative early stage in the 
controversy had submitted to the government of Yermont, to 
apply for assistance. On the 1 2th of December, Eleazer Pat- 
terson, Samuel Knight, Benjamin Butterfield, John Sergeant, 
Josiah Arms, and twenty-two other persons addressed a petition 
to Governor Clinton and to the Senate and Assembly of New 
York, in which they declared that they had been " uniformly 
loyal to the state of New York ;" had supported the rights and 
interests thereof ; had " not only frequently risked their lives, but 
expended large sums of money and lost an abundance of time 
in defence of the said state ; had been often imprisoned ; and 
had suffered the loss of property to a considerable amount." 
They further stated that they had " continued to exert them- 
selves in support of the state of New York, until they were left 
totally abandoned to the fury of their enemies," and then had 
submitted " to the usurpation of the government of Yermont," 
only to avoid being " deprived of their whole property." For 
these services and sufferings they asked as a compensation, " a 
grant of vacant and unappropriated land." No evidence was 
adduced in support of these statements. In consequence of 
this omission, the committee of the Legislature to whom the 
subject was referred, reported adversely to the petition.f 

* Worcester Magazine, 1786, ii. 460, 465. MS. Complaints of the state's attor- 
ney. MS. Pay rolls. MSS. in office Sec. State Vt Thompson's Vt., Part II. pp. 79-81. 

•)• At a meeting of the commissioners of the land office, held on the 25th of 
May, 1787, " the petition of Eleazer Patterson of Hinsdale, suggesting himself to 
be a suflferer in opposing the government of the pretended state of Vermont, and 
praying for a grant of lands accordingly," was read. Similar petitions from John 
Kathan, Obadiah Wells, and the widow of Henry Sherburne were, at the same 
time, presented^ The consideration of all these applications was postponed. 
Land Office Minutes, in office Sec. State N. Y,, 1784-1788, i. 256. Doc. Hist. N. Y., 
iv. 1020-1022, 



1787.] FAVORABLE FEELING EN NEW YOKK TOWARDS VERMONT. 553 

At this period, a disposition favorable to the admission of the 
state of Vermont into the Union, began to be manifested by 
some of the most influential citizens of New York. Of this 
number were such men as Alexander Hamilton, Philip Schuyler, 
Kichard Harrison and Egbert Benson. The pretensions of Ver- 
mont to a separate jurisdiction, first announced soon after the 
commencement of the late revolution, had been maintained 
throughout the whole of that struggle, and had never been 
disavowed although conciliatory laws had been passed, over- 
tures made, and negotiations carried on in Congress to efiect 
this result. The peace of 1783 had found Vermont in a con- 
dition of actual independence, organized under a regular form 
of government, and with a population rated at one-half of that 
of New York. The latter state had formerly threatened to 
reduce the people of Vermont to its obedience. The idea of 
subjection had now become so involved in difficulty, that all 
except the most rash and thoughtless had abandoned it as fool- 
ish and chimerical. While aifairs were in this position, an 
attempt was made to fiirther the project of admitting Vermont 
to a share in the federal government. An act " to emj^ower 
and direct the delegates of this state in Congress, to accede to, 
ratify, and confirm the sovereignty and independence of the 
people of the territory commonly called and known by the 
name of the state of Vermont," was introduced into the Legis- 
lature of ISTew York, during the session of 1787. 

On the 24:th of March, a petition from John Foxcroft and 
" many other persons," proprietors of lands in Vermont, relative 
to this bill, was read in the Assembly. The petitioners asked 
to " be indulged with a copy of the said bill," and to " be heard 
by themselves or their counsel thereupon." These requests 
were granted. On the 28th, the counsel for the petitioners 
appeared before a committee of the Assembly, " entered into a 
large field of argument" against the bill, and endeavored to 
show that it was " contrary to the constitution, to the maxims 
of sound policy, and to the rights of property." His observa- 
tions were not destitute of w^eight, and to many of them addi- 
tional force was given by the fact that they were to a certain 
degree founded in truth. He was followed by Alexander 
Hamilton, who in an elaborate address strove to prove, not 
only that the constitution permitted this measure, but that 
policy demanded it and justice acquiesced in its adoption. At 
every point he met his opponent's objections with forcible rea- 



554 msTORT OF eastern teemoxt. [1787, 1788. 

soning, and succeeded, in almost every instance, in overtnrning 
his positions. His opinion as to the policy of merging Vermont 
in New York, was expressed in these words : — " For mj part, 
I should regard the reunion of Vermont to this state, as one of 
the greatest evils that could befall it ; as a source of continual 
embarrassment and disquietude." The bill, after undergoing 
many alterations, passed the Assembly on the 12th of April, 
and was immediately sent to the Senate. Here it was read on 
the same day, and on its second reading on the 13th, was com- 
mitted to a committee of the whole. By them it was never 
returned to the Senate. The admission of Vermont as a four- 
teenth state was postponed to a later time.* 

Tliough the Legislatm-e of New York had ceased to exercise 
authority over Vermont, yet, by the constitution of New York, 
the counties of Charlotte, Cumberland, and Gloucester were 
still claimed as constituent parts of that state. By the same 
instrument, power was given to " the future Legislatures " of the 
state, " to divide the same into such fm*ther and other counties 
and districts," as should be deemed necessary. In conformity 
with this authority, a law was passed on the 7th of March, 
1788, for dividing the state of New York into counties. By 
this it was enacted, that the county of Cumberland should con- 
tain " all that part of this state beginning on Connecticut river 
at the north bounds of the state of Massachusetts, and extend- 
ing westward along the same until such line shaU meet with, 
and be intersected by, a line proceeding on a course, south ten 
degrees west from the north-west corner of a tract of land 
granted under the Great Seal of the late colony of New York, 
on the 14th day of September, 1770, to James Abeel and nine 
other persons ; and extending from the said point of intersec- 
tion, north ten degrees east, until such line shall meet with, and 
be intersected by, another line, to be drawn on a course north, 
sixty degrees west from the south-west corner of a tract of land 
granted under the Great Seal of the late colony of New York, 
on the 13th day of November, in the year of our Lord 1769, 
and erected into a township by the name of Boyalton; and 
running from the last mentioned point of intersection, south 
sixty-six degrees, east to Connecticut river ; and so down along 
the same river to the place of beginning." 

* Hamilton's Works, ii. 374-390. Journal Ass. K Y., 10th session, pp. 116, 
117, 123, 155. Journal Senate N. Y., 10th session, pp. 84, 85. 



1Y88.] BOTINDAKIES OF GLOUCESTER COUNTY. 555 

By the same enactment, Gloucester county was to contain 
"all that part of this state bounded southerly by the north 
bounds of the county of Cumberland ; easterly by the east 
bounds of this state; northerly by the north bounds of this 
state ; and westerly by a line to be drawn from the north-west 
corner of the said county of Cumberland, on a course north ten 
degrees east, until such line shall meet with, and be intersected 
by, another line proceeding on an east course from the south 
bank of the mouth of Otter creek ; and from the said last men- 
tioned point of intersection running north fifty degrees east to 
the north bounds of this state." On the west side of the Green 
Mountains the land which had formerly comprised the county 
of Charlotte, was, by this new division, included within the 
counties of Washington and Clinton.* 

By a resolution of Congress passed on the 28th of September, 
1787, the plan of the present constitution of the United States 
was transmitted to the several state Legislatures, " in order to 
be submitted to a convention of delegates chosen in each state 
by the people thereof." During the summer of 1788, it became 
evident that the constitution would be adopted by eleven of the 
thirteen states, and the national government established. The 
attention of the most intelligent men in Vermont was now for- 
cibly directed to her peculiar situation. Prominent among 
these was Nathaniel Chipman. His opinion concerning the 
controversy in which Vermont had been so long engaged, was, 
that if the question should ever be brought before an impartial 
tribunal for decision, the New York title would be adjudged to 
be better than that of Vermont.f Holding this view of the 
case, he felt " extremely anxious" that the jurisdictional dispute 
should be speedily adjusted. For the purpose of consultation, 
a number of gentlemen, among whom were Lewis E.. Morris 
and Gideon Olin, met at his house in Tinmouth, in the early 
part of July. The result of this conference was an agreement 
that he should write to Hamilton on the subject of a settlement 
of the controversy. 

Agreeable to this determination, Chipman addressed a letter to 
Hamilton on the 15th of July, in which he briefly alluded to the 
situation of the larger portion of the landed property of Vermont ; 

* Laws of N. Y., 11th session, pp. 133-136. 

f " It is uow generally believed, that, should we be received into the Union, 
the New York grants would, by the federal courts, be preferred to those of Ver- 
mont." K. Chipman to A. Hamilton, in Life of Chipman, p. I-L, 



556 HISTORY OF EASTERN VERMOMT. [17S8. 

suggested certain methods by which Vermont might be brought 
to accede to the " new federal plan " of government ; and desired 
to know whether, in case Yermont should be received into the 
Union, the "federal legislature, when formed," might not be 
induced, on some terms, " to make a compensation to the New 
York grantees out of their western lands, and whether those gran- 
tees might not be induced to accept such compensation." Daniel 
Chipman, the brother of Nathaniel, and the bearer of this com- 
munication, delivered it to Hamilton at Poughkeepsie, where 
that gentleman was then in attendance upon the New York 
convention for the adoption of the United States' constitution. 
On the 22d, Hamilton replied, acknowledging Chipman's letter 
" as the basis of a correspondence " that might be productive of 
public good. " The accession of Yermont to the confederacy,'' 
wrote he, "is doubtless an object of great importance to the 
whole, and it appears to me that this is the favorable moment 
for effecting it upon the best terms for all concerned. Besides 
more general reasons, there are circumstances of the moment 
which will forward a proper arrangement. One of the first 
subjects of dehberation with the new Congress will be the inde- 
pendence of Kentucky, for which the southern states will be 
anxious. The northern wiU be glad to find a counterpoise in 
Yermont. Tliese mutual interests and inclinations will facilitate 
a proper result." He further informed Mr. Chipman that there 
would be no distribution of western land to particular parts of 
the community ; assured him that the public debt of the United 
States would be provided for by indirect taxation, and by other 
politic measures ; recommended that the state of Yermont 
should ratify the constitution, uj)on condition that Congress 
should provide for the extinguishment of all existing claims to 
land under grants of the state of New York, which might inter- 
fere with claims under the state of Yermont ; and declared that 
it would be wise " to lay as Httle impediment as possible " in 
the way of the reception of Yermont into the Union. 

In answer to another letter from Mr. Chipman of the 6th of 
September, Mr. Hamilton referred in general terms to the sub- 
ject of their correspondence, and reiterated in a more extended 
form the observations he had previously made. To a sugges- 
tion of Mr. Chipman, that Yermont would desire to extend her 
territorial limits before becoming a part of the Union, Mr. 
Hamilton replied : — " I am sorry to find that the affair of the 
boundary is likely to create some embarrassment. Men's minds 



1788.] LETTER OF ALEXANDER HAMILTON. 557 

everywhere out of your state, are made up upon, and reconciled 
to that which has been dehneated by Congress. Any depar- 
ture from it must beget new discussions, in wliich all the pas- 
sions will have their usual scope, and may occasion greater im- 
pediments than the real importance of the thing would justify. 
If, however, ti* further claim you state cannot be gotten over 
with you, I would still wish to see the experiment made, though 
with this clog ; because I have it very much at heart that you 
should become a member of the confederacy." Referring then 
to the question of the right of the Legislature of Vermont to 
decide upon the accession of that state to the Union, he ob- 
served : — " There is one thing which I think it proper to men- 
tion to you, about which I have some doubts, that is, whether 
a legislative accession would be deemed valid. It is the policy 
of the system to lay its foundation on the immediate consent of 
the people. You will best judge how far it is safe or practica- 
ble to have recourse to a convention. Whatever you do, no 
time ought to be lost. The present moment is undoubtedly 
critically favorable. Let it, by all means, be improved." 
During the following winter, Mr. Hamilton and Mr. Chipman 
had an interview at Albany, " when," observes the biographer 
of the latter gentleman, " they took a view of the subject some- 
what diiferent from their opinions which appear in the fore- 
going correspondence, and agreed on a mode of settling the con- 
troversy, which was afterwards adopted by the two states."* 

The dispute between ]S[ew York and Philadelphia as to which 
should be the permanent seat of the federal government, was 
finallj^ decided in favor of the latter city. This result showed 
plainly that the western and southern influence was greater in 
Congress, than the northern. No state felt the force of this 
fact more severely than New York. Kentucky, whose terri- 
tory belonged to Yirginia, was anticipating a reception into 
the federal government, as a separate state, at no distant day. 
The admission of Yermont, it was seen, would tend, in some 
ueasure, to equalize representation. Her weight would serve 
's a counterpoise to the undue influence of particular sections 
f the Union. It was known at the north, that the adoption of 
he constitution of the United States had tended greatly to 
increase the desire of New York and Yermont, that the latter 
state should become a part of the Union. The controversy 

* Life of Chipman, pp, 70-81. 



558 HISTORY OF EASTERN VERMONT. [1789. 

which had so long divided these states, whose interests, but for 
that, were now ahnost identical, was the only barrier which 
prevented the connection. The wisest and best men in both, 
were ready to make the attempt to remove this hindrance, by 
concessions that would be j ust for each.* Such was the wish, also, 
of those to whom the administration of public aflairs was entrusted. 
For the purpose of manifesting their willingness to end the 
controversy, the Legislature of New York, on the 14th of July, 
1789, passed an act " appointing commissioners with power to 
declare the consent of the Legislature of the state of New York, 
that a certain territory within the jurisdiction thereof, should 
be formed or erected into a new state." The commissioners 
named, were Robert Yates, Rufus King, Gulian Yerplanck, 
Robert R. Livingston, Simeon De Witt, Richard Yarick, and 
John Lansing Jr. Li the words of the act, they, or " any four 
or more of them," were vested with full power " to declare the 
consent of the Legislature of this state, that such district or ter- 
ritory within the jurisdiction, and in the north-eastern and 
northern parts thereof, as the said commissioners shall judge 
most convenient, should be formed and erected into a new 
state." Special provision was at the same time made, that 
nothing contained in the act should be construed to give any 
person claiming lands in the district "to be erected into an 
independent state," any right to any compensation from the 
state of New York.f 

* The tone of public opinion on the subject of the controversy may be deduced, 
to a certain extent, from the newspapers of that period. The following extract is 
from Tliomas's Spy, No. 831, March 12th, 1789. 

"Vermont, Bennington, February 23 [17S9]. 

" Two of the agents of this state, appointed to attend on Congress, to negotiate 
the admission of this state into the new federal government, have attended the 
legislature of New York, during their session at Albany, in order to influence that 
honorable body to recognize our independence ; and we learn that a bill for that 
purpose is now under their consideration, by which the western bounds of this 
state is afiixed at the western bounds of the townships granted by Hampshire. 

" We are informed from respectable authority, that many influential members 
of the legislature of New York, are anxious for the admission of Vermont into the 
Federal Union, to prevent internal divisions among the American states. The 
Hon. General Schuyler and others have given it as their opinion, that matters 
should be compromised amicably and speedily between this state and the New 
York claimants — the peace of the Union being of far greater value than half a 
million acres of land." 

f This act was sent to Thomas Chittenden, in a letter dated at Albany on the 
16th of July, 1789, and signed by all the commissioners except Richard Varick, 
Laws of N. Y., Ist meeting of 13th session, p. 2. Williams's Hist. Vt., ii. 257,. 258. 



1789, 1790.] APPOINTMENT OF BOTJNDAEY COMMISSIONERS. 559 

On the 23d of October, 1789, the Legislature of Vermont 
responded to the advances made by the Legislature of New 
York, and passed an act, appointing Isaac Tichenor, Stephen R, 
Bradley, Nathaniel Chipman, Elijah Paine, L-a Allen, Stephen 
Jacob, and Israel Smith, commissioners in behalf of the state, 
'' with full powers to them, or any four or more of them, to treat 
with commissioners that now are, or hereafter may be, apj)ointed 
by the state of New York, and who shall be fully authorized 
and empowered, by the said state of New York, to ascertain, 
agree to, ratify, and confirm a jurisdictional or boundary Hue 
between the state of New York and the state of Vermont ; and 
to adjust, and finally determine, all and every matter or thing 
which, in any wise, obstructs a union of this state with the 
United States." Special provision was at the same time made, 
that nothing in the act should be construed to give the commis- 
sioners power, either " to lessen or abridge the present jurisdic- 
tion" of Vermont ; or to " oblige the inhabitants of the same, 
or any other person or persons, claiming title to lands" pre- 
viously granted by Vermont, or " the late province of New 
Hampshu-e," to relinquish "their claims under the jurisdiction 
thereof, or, in any wise, subject the state of Vermont to make 
any compensation to difierent persons, claiming under grants 
made by the late province, and now state, of New York, of 
lands situate and being in the state of Vermont, and within the 
jurisdiction of the same."* • 

Having become satisfied that several omissions had been 
made in the act of the 14th of July, 1789, by which commis- 
sioners had been appointed to acknowledge the sovereignty of 
Vermont, the Legislature of New York, on the 6th of March, 
1790, repealed that act, and passed another with a similar title. 
Eobert Yates, Robert R. Livingston, John Lansing Jr., Gulian 
Verplanck, Simeon De Witt, Egbert Benson, Richard Sill, and 
Melancton Smith were named as commissioners in the second 
act. The same authority which had been conferred on the other 
commissioners was transferred to them, and, in addition to this, 
they were vested with " full power to treat, conclude, and agree 
with any person or persons, or any assemblies or bodies of peo- 
ple," touching the relinquishment of the jurisdiction of the 
state of New York over a certain ^lortion of her " north-eastern 
and northern " territory ; and touching " the securing or con- 

♦ Slade'8 Vt. State Papers, pp. 192, 193. Life of Chipman, p. 82. 



560 HISTORY OF EASTERN VERMONT. [1790. 

firming of rights, titles, or possessions of lands witliin such dis- 
trict or territory, held or claimed under grants from the state of 
New Hampshire while a colony, or under grants, sales, or loca- 
tions made by the authority of the govermnent or jurisdiction 
now existing, and exercised in the north-eastern parts of this 
state, under the name or style of the state of Vermont, against 
persons claiming the same lands under grants from this state while 
a colony, or since the independence thereof." In an accom- 
panying proviso, the commissioners were prohibited from 
sanctioning or countenancing, in any way, the " grants, sales, or 
locations " made " by or under Yermont," in that portion of the 
state of New York, to which the name of the Western Union 
had been once applied by Yermont. 

In another section of this act, it was stated, that whatever 
the commissioners might stipulate to receive, as " a compensa- 
tion for extinguishing the claims" to lands " within the said 
district, derived under the late colony of New York," should 
be for the use of those claimants thus deprived of their grants, 
although in the stipulations the " compensation should be de- 
clared to be for the use of this state, or for the people thereof." 
It was also provided that nothing in this act should be construed 
to give to any person claiming as above set forth, " any right to 
any further compensation " from the state, than the compensa- 
tion which might " be so stipulated as aforesaid."* 

In conformity with the terms of this act, and of that passed 
by the Legislature of Yermont, the commissioners of the two 
states assembled. " The only point of difficulty and debate," 
observes Mr. Williams, " related to a compensation for the 
lands claimed by the citizens of New York, which had been 
regranted by the government of Yermont." The discussions 
on this subject were carried on in a most friendly and con- 
ciliatory manner, and after two or three meetings, " an 
equitable and amicable agreement " was concluded. On the 
Tth of October, the commissioners of New York by virtue of 
the powers granted to them for that purpose, declared the con- 
sent of the Legislature of New York, that the state of Yermont 
should be admitted into the Union of the United States of 
America ; and that immediately upon such admission, all 
claims of jurisdiction of tire state of New York within the 
state of Yermont should cease. 

* Laws of N. Y., 2d meeting, 13th session, p. 13. 



1790.] SPECIFICATION OF THE BOUNDARY LINE. 561 

They further declared that thenceforth, " the perpetual boun- 
dary line between the state of Kew York and the state of Yer- 
mont" should be as follows: — "Beginning at the north-west 
corner of the state of Massachusetts ; thence westward, along 
the south boundar}^ of the township of Pownall, to the south- 
west corner thereof; thence northerly, along the western boun- 
daries of the townships of Pownall, Bennington, Shaftsbur}', 
Arlington, Sandgate, Kupert, Pawlet, Wells, and Poultney, as 
the said townships are now held or possessed, to the river, com- 
monly called Poultney river ; thence down the same, through 
the middle of the deepest channel thereof, to East Bay ; thence 
through the middle of the deepest channel of East Bay and the 
waters thereof, to where the same communicates with Lake 
Champlain ; thence through the middle of the deepest channel 
of Lake Champlain, to the eastward of the islands called the 
Four Brothers, and the westward of the islands called Grand 
Isle and Long Isle, or the Two Heroes, and to the westward of 
the Isle La Mott, to the forty-fifth degree of north latitude." 

"With regard to the lands which had been granted by Kew 
York, the commissioners, announcing " the will of the Legisla- 
ture of the state of N"ew York," decreed that, " if the Legisla- 
ture of the state of Yermont should, on or before the first day 
of January, 1Y92, declare that, on or before the firet day of 
June, 1794, the said state of Yermont would pay to the state of 
New York the sum of thirty thousand dollars, that, imme- 
diately from such declaration by the Legislature of the state of 
Yermont, all rights and titles to lands w^ithin the state of Yer- 
mont, under grants from the government of the late colony of 
New York, or from the state of New York, should cease," those 
excepted which had been made in confirmation of the grants of 
New Hampshire. Such was the deliberate decision of the com- 
missioners upon the topics which had been submitted to them 
for a final and definitive settlement.* 

The plan proposed in this decision met with the approbation 
of the Legislature of Yermont, and on the 28th of October they 
passed an act, directing the ti-easurer of the state to pay the 
sum of thirty thousand dollars to the state of New York, at or 
before the time proposed ; adopting the line proposed by the 
commissioners as the perpetual boundary between the two 
states ; and declaring all the grants, charters, and patents of 

* "Williamss Hist. Yt, ii. . 258, 259. Slade's Vt. State Tapers, pp. 190, 19l. 
Thompson's Vt., Part II. p. 83. Doc. Hist. N. Y., iv. lU'iS. 

36 



562 HISTORY OF EASTERN VERMONT. [1791. 

land, lying within the state of Yermont, made l)y or under tlie 
late colony of New York, to be null and void, and " incapal)le 
of being given in evidence in any court of law" within the 
state, those excepted which had been made in confirmation of 
the grants from New Hampshire. " In this amicable manner," 
observes Mr, Williams, " was terminated a controversy which 
had been carried on with great animosity for twenty-six years." ^ 
Both sides were weary of the contest, and, happily for them, 
the general condition of America was favorable to conciliatory 
measures. This seems to have been the only period, in which 
the matter could have been adjusted to the satisfaction of all 
parti es.f 

The difficulties with New York having been terminated by 
these proceedings, the General Assembly of Yermont issued a 
call for a convention of the people, to take into consideration 
the expediency of joining the federal union. The convention 
met at Bennington on the 6th of January, 1791. Among the 
delegates were Thomas Chittenden, the president, and Moses 
Kobinson, the vice-president of the convention, Nathaniel Chip- 
man, Stephen R. Bradley, Ira Allen, Ebenezer Allen, Daniel 
Buck, Jonathan Arnold, Gideon Olin, Jonathan Hunt, John 
Strong, John Fassett, Timothy Brownson, and many others of 
sound practical sense, and stern integrity. Of the conflicting 
opinions which prevailed on this occasion, Mr. Williams 
remarks: — " The members were not all agreed on the expedi- 
ency of being connected with the thirteen states, and it was 
doubted, whether a majority of the people were for the measure. 
Several members of the convention wished to defer the conside- 
ration of the question, to a more distant period. It w^as urged 
on the other hand, that the safety, the interest, and the honor of 
Yermont, would be essentially promoted by joining the union 
of the other states, and that this was the precise time, wdien it 
might be done without difficulty or opposition." 

Favoring the accession of Yei*mont to the union, Nathaniel 
Chipmau, distinguished both as an able jurist and an accom- 
plished scholar, urged the convention to give their assent to the 
measure, and in a forcible and argumentative speech, advanced 
his reasons for recommending such a course. In emphatic 
language, he described the insignificance of the condition to 

* The commencement of the controversy is generally fixed at the date of the 
Order of the King in Council, viz. July '20th, 1764. See ante, p. 130. 

f Williams's Hist. Vt., ii. 259, 260. Blade's Vt. State Papers, pp. 191, 193, 194. 



1791.] VIEWS OF NATHANIEL CIIIPMAN. 563 

which Vermont \voiild be continually subjected, should she 
remain a se2:)arate state, and foreshadowed her probable fate in 
case a war should arise between the United States and Great 
Britain. He showed in what manner learning and science, and 
manufactures, and the arts, would be patronized in Vermont by 
means of the Union, and how, as a result of the same cause, 
the moral and social condition of the state would be exalted. 
He referred to the different methods that had been adoi)tGd in 
different ages of the world, to bring states similarly situated to 
act as one confederacy, and declared that the constitution and 
the federal government of the United States, though almost 
phenomena in civil polity, were better calculated than any other 
means that could be adopted, to unite in one body the people 
of the United States, and to secure " the tranquillity, happiness, 
and prosperity of the Union," 

Arguments like these prevailed, and on the lOtli of January, 
after a session of four days, the convention resolved that appli- 
cation should be made to Congress for the admission of Vermont 
into the federal Union. This decision was supported by an 
instrument, in which the convention, by virtue of the power 
and authority to them entrusted for that purpose, " fully and 
entirely " approved of, assented to, and ratified the constitution 
of the United States, and declared, that " as soon as the 
state of Vermont shall be admitted by the Congress into 
the Union, and to a full participation of the benefit of the 
government now enjoyed by the states in the Union, the 
same shall be binding on us and the people of the state of Ver- 
mont forever." This instrument was signed by one hundred 
and five of the one hundred and nine members of the conven- 
tion. The convention having completed the business for which 
they had been called together, dissolved on the 11th of Janu- 
ary. 

The General Assembly of Vermont met at Bennington, on the 
day previous to the dissolution of the convention, and, on the 
18th, made choice of Nathaniel Chipman and Lewis H. Morris, 
as their commissioners to repair to Congress and negotiate the 
admission of Vermont into the Union. Pursuant to their 
appointment, these gentlemen visited Philadelphia and laid 
before General Washington, the President of the United States, 
the proceedings of the convention and Legislature of Vermont, 
before referred to. On the 18th of February, Congress by an 
act declared, " that on the fourth day of March, one thousand 



564 HISTORY OF EASTERN VERMONT. [1791 — 1795. 

seven hundred and ninety, one, the said state, by tlie name and 
style of ' the state of Yermont,' shall be received and admitted into 
this Union, as a new and entire member of the United States of 
America." Thus did Vermont finally reach the position which 
she was so well entitled to fill. Her accession to the Union was 
everywhere regarded with satisfaction, and no better proof of 
the feeling of Congress on the subject is needed, than the fact 
that she was admitted without debate and by a unanimously 
affirmative vote.* 

During their session held at Windsor in the months of Octo- 
ber and JS^ovember following, the General Assembly of Yer- 
mont made provision for raising the sum of $30,000, by a gene- 
ral land tax.f At this period in the history of the United 
States, before the establishment of a national currency, the 
difficulty of procuring large sums of silver or gold was severely 
felt. Owing to this scarcity of a circulating medium, and the 
poverty of the people, the state of Yermont was unable to pay 
the whole of the stipulated amount at the appointed time. An 
act was therefore passed by the Legislature of New York, 
extending the time of the payment. As soon as the greater por- 
tion of the $30,000 had been received, a question arose as to the 
method of apportionment which should be adopted, in dividing 
it among those to whom it belonged. For the purpose of remov- 
ing all trouble on this point, the Legislature of New York passed 
an act on the 6th of April, 1795, " concerning the money paid 
into the treasury of this state, by the state of Yermont." 

In the preamble of this act, the various proceedings which had 
led to a settlement of the controversy were recited, and the neces- 
sity of making " a just and equitable distribution" of the money 
which already had been and which hereafter was to be paid, was 
stated. To accomplish this object, Robert Yates, John Lansing 
Jr., and Abraham Yan Yechten were appointed commissioners, 

* Williams's Hist. Vt., ii. 260, 261. Slade's Vt State Papers, pp. 194-196. Life 
of Nathaniel Chipman, pp. 83-95. Ira Allen's Hist. Vt., pp. 249, 250. 

\ "The General Assembly of Vermont has passed a law, laying a tax of one 
halfpenny per acre, on all lands in that state, for the purpose of raising the sum 
of $30,000, to discharge the demand of the state of New York upon them." 
Thomas's Spy, November 24, 1791, No. 973. 

" As compensation for the loss of these lands, the state of Vermont stipulated and 
paid to the state of New York, 30,000 Spanish milled dollars." 

" With good management, 30,000 dollars cancelled grants from the late colony 
of New York, for about 5,000,000 acres of land." — Ira Allen's Hist. Vt., pp. 
249, 250. 



1799.] FINAL SETTLEMENT OF THE DISPUTE WITH NEW YORK. 565 

to decide all claims of citizens of New York to lands situated 
iu Yermont which had been ceded by the former state to the 
latter, and to determine what proportion of the $30,000 each 
claimant should receive. The commissioners were directed to 
give notice of the time when they would receive and examine 
claims. Claimants who should not notify their claims to the 
commissioners, within one year after the publication of the 
notice, were declared for ever barred of the right of recovery. 
Vested with these powers, and guided by these regulations, the 
commissioners began their examination. Many applications 
were received, and the amount of compensation claimed was 
far greater than the sum from which it was to be drawn. 
Finally on the 23d of April, 1799, the commissioners rendered 
their report. Of the seventy-six-claimants among whom the 
Slim was divided, those who received the largest amount were 
Goldsbrow Banyar, Samuel Avery, the heirs of James Duane, 
William Cockburne, the heirs of Simon Metcalf, Brooke Wat- 
son, William Smith, John Plenderleaf, Jonathan Hunt, John 
Bowles, Thomas Is^orman in right of his wife the daughter of 
Crean Brush, Abraliam Lot, Samuel Stevens, James Abeel, the 
heirs of Cadwallader Golden, and John Bard.* 

With this apportionment all the direct results flowing from 
the controversy between New York and Yermont ceased. The 
two states, united by the bonds of trade and mutual interest, 
no longer regarded one another with jealousy or distrust, but 
sought rather, by the interchange of confidence and concession, 
to obliterate the recollections of the past. From the time wdien 
Yermont first declared her independence, " Freedom and Unity" 
was the expression of the principles which guided her conduct. 
" Freedom and Unity" is the motto with wdiich she now stands 
among the states of this Union. 

* Life of Chipman, p. 82. Laws of N. Y., 18th session, pp. 34, 85. Doc. Hist, 
N. Y., iv. 1024, 1025. 
An account of the division of the $30,000 is contained in Appendix L. 



CHAPTER XXI. 



EAKLY LAWS OF VERMONT INDIAN INSCRIPTIONS. 

First constitution of Vermont modelled on the first constitution of Pennsylvania 
— Constitution of Vermont legalized by statutory enactments — Epitome of the 
constitution — Its religious and moral elements — The test creed — Educational 
interests — Freedom of speech and of the press maintained — Establishment of 
courts of justice — Good men to be placed in office — The purity of the ballot- 
box — The necessity of labor — First essay at legislation — The laws of February, 
n'79 — The " Word of God" and the "Connecticut lawbook" — The criminal 
code of Vermont — Capital offences — Degrading punishments — Manslaughter — 
Incest — Adultery — Polygamy — Housebreaking and highway robbery — Coun- 
terfeiting — Riot — Perj ury — Forgery — Lying — Theft — Cursing or profane swear- 
ing — Gaming — llorse-racing — Night-walking — Tavern-haunting — Licensing ta- 
verns — Drunkenness — Sabbath-breaking — Stocks — Care of the poor — Militia 
service — Attorneys — Instances of the infliction of corporal punishment — Sin- 
gular customs — Imprisonment for debt — The burial of Thomas Chandler Sen. 
— The marriage of Mrs. Lovejoy — Indians of Vermont — Coos — Newbury — In- 
dian sculptures at Bellows Falls — The " Indian Rock" on West or Wautastiquet 
river. 

The references in some of the previous chapters to the statutes 
enacted by the General Assembly of Yermont for the punish- 
ment of Yorkers and the enemies of the state, would naturally 
lead the reader to inquire concerning the character of the early 
legislation of this independent jurisdiction. Allusion has al- 
ready been made to the peculiar circumstances nnder which 
the first constitution of Yermont was adopted. Soon after the 
people of the New Hampshire Grants had declared that district 
a free and independent state, many disinterested persons ex- 
pressed a desire that the organization of "New Connecticut, 
alias Yermont," as the new state was called, should be imme- 
diately efi'ected. On the 11th of April, 1777, Dr. Thomas 
Young, a citizen of Philadelphia, published an address to the 
inhabitants of Yermont, urging them to maintain the ground 
they had taken, and pointing out to them the method by which 



1777.] REVIEW OF THE CONSTITUTION AND LAWS OF VERMONT. 567 

many of the difficulties in forming a government might be met 
and overcome. " I have recommended to your committee," he 
observed in this address, "' the constitution of Pennsylvania as 
a model, which, with a very little alteration, will, in my opi- 
nion, come as near perfection as any thing yet concocted by 
mankind. This constitution has been sifted with all the criti- 
cism that a band of desj^ots was master of, and has bid defiance 
to their united powers." His advice was followed, and an in- 
strument which was supposed to have been the work of Benja- 
min Franklin became the basis of that upon which the govern- 
ment of Vermont was established.* 

Though built on so good a foundation, the constitution of 
Vermont was the work of men whose necessities gave them but 
little time for thought or deliberation. Prepared at a time 
when the United States was engaged in a w^ar which convulsed 
the whole American continent ; completed at the moment when 
Burgoyne, having ravaged the shores of Lake Champlain, was 
maturing the reduction of Ticonderoga ; and published while 
the excitement consequent upon the triumph at Bennington 
was still agitating the minds of the Green Mountain Boys, it 
was never sanctioned by a vote of the people, but was tacitly 
accepted by them as the exponent of their rights and privileges. 
The remark of Governor Slade, that the constitution of Yer- 
mont " was considered a mere nullity by the statesmen of that 
period," cannot be regarded as strictly correct. At the same 
time, it is difficult to determine in what estimation it was 
held, either by them or the people. The first act passed by the 
General Assembly, at their session held at Bennington on the 
11th of February, 1779, was "An act for securing the general 
privileges of the people, and establishing common law and the 
constitution^ as part of the laws of this state." For what pur- 
pose this statute was needed is by no means apparent. In its 
very nature, the constitution of a state is superior to any statute 
law. It is, in a certain sense, the fountain and source of statute 
law. By it the state is organized and becomes invested with 
power to legislate. The attempt, therefore, of the General As- 
sembly of Vermont to legalize the constitution of the state, ap- 
pears to have been either simply an absurdity, or a proof that 

* Tlie similarity between the first constitution of Vermont and the first consti- 
tution of Pennsylvania may be seen by comparing those instruments as they 
appear in the " Memoir of Thomas Chittenden," by Daniel Chipman, pp. 26-50. 
et passhn. 



568 HISTORY OF EASTERN VERMONT. [1777. 

tlie statesmen regarded tlie constitution as possessed of but little 
binding force, and hoped to dignifj it in the estimation of the 
people, by investing it with, at least, the power of law. 

Ilad tliere been no further attempts to give the constitution a 
statutory force, this inference might be regarded as partially 
correct. The desire to " make assurance double 8m*e," seems, 
however, to have prevailed in the minds of the law-makers, and 
its effect in bolstering up the constitution was visible in a num- 
ber of instances. In June, 1782, a law was enacted by the 
General Assembly, while in session at Windsor, for the purpose 
of " establishing the constitution of Yermont, and securing the 
privileges of the people." At a convention held at Manchester 
in June, 1Y86, the constitution was revised and re-established. 
The General Assembly sat during a portion of February and 
March, 1787, at Bennington, and on the 8th of the latter month 
they declared by a special statute, that the constitution " shall 
be forever considered, held, and maintained, as part of the laws 
of this state." The constitution underwent a second revision at 
a convention held at Windsor in July, 1793. At a session of 
the General Assembly held at Rutland during October and 
November, 1796, that instrument was, by a legislative enact- 
ment, passed on the third day of the latter month, again pro- 
nounced and established " the supreme lav/ " of the state.* 

The first constitution was " established by convention " on 
the 2d of July, 177Y. It was divided into three parts. The 
first division consisted of a preamble, in which were set forth 
the reasons that liad induced the people of the New Hampshire 
Grants, to form themselves into a separate and independent 
commonwealth. A " Declaration of the rights of the inhabit- 
ants of the state of Yermont" was comprised in the second 
division. The third division contained the " Plan or frame of 
government," in accordance with which the affairs of the state 
were to be conducted. The tone of the whole instrument was 
moral, manly, independent. Yermont ever strove to imbue her 
public expressions with the spirit of freedom. Li her relations 
with other states, she preserved her word and her honor unim- 
paired. Only in her negotiations with the British in Canada 
did she employ ambiguous terms and the arts of diplomacy, 
but it was by these means that she maintained her separate 

* Blade's Vt. State Papers, p. 288. Statutes of Vt, 1787, pp. 31, 32. Acts 
and Laws of Vt., 1796, pp. 3, 4. 



1777.] JUST SENTIMENTS CONCERNING KELIGION. 5G9 

]3olitical existence, and secured the frontiers of the northern 
states from rapine and devastation. The positions taken in the 
constitution were in strict conformity with the character of men 
who loved Hbertj and hated oppression. The natural freedom 
of man ; the inherence of power in the people ; the establish- 
ment of government for the benefit of all ; the purity of the 
ballot-box ; the subserviency of private property to public 
uses; the trial by jury ; the sacredness of hearth and home; 
the subordination of the military to the civil power ; the right 
of petition and remonstrance — these, and other principles 
equally noble, were asserted with unaffected confidence, in this 
exposition of the moral, civil, and political faith of the people 
of Yermont, 

Concerning man as a religious being, it was claimed " that 
all men have a natural and unalienable right to worship Al- 
mighty God, according to the dictates of their own consciences 
and understanding, regulated by the word of God ; and that no 
man ought, or of right can be compelled to, attend any reli- 
gions worship, or erect or support any place of worship, or 
maintain any minister, contrary to the dictates of his con- 
science ; nor can any man who professes the Protestant religion 
be justly deprived or abridged of any civil right, as a citizen, 
on account of his religious sentiment, or peculiar mode of reli- 
gious worship ; and that no authority can, or ought to be in- 
vested in, or assumed by any power whatsoever, that shall, in 
any case, interfere with, or, in any manner, control the rights 
of conscience in the free exercise of religious worship, ISTever- 
theless, every sect or denomination of people ought to observe 
the Sabbath or the Lord's day, and keep up and suj)port some 
sort of religious worship, which to them shall seem most agree- 
able to the revealed will of God." These sentiments were 
more strenuously enforced in the positive declaration that 
" laws for the encouragement of virtue and prevention of vice 
and immorality shall be made and constantly kept in force ; 
and provision shall be made for their due execution ; and all 
religious societies or bodies of men, that have been, or may be 
hereafter, united and incorporated for the advancement of reli- 
gion and learning, or for other pious and charitable purposes, 
shall be encouraged and protected in the enjoyment of the pri- 
vileges, immunities, and estates, which they, in justice, ought 
to enjoy under such regulations as the General Assembly of 
this state shall direct." 



570 HISTOKY OF EASTERN VERMONT. [1TT7. 

Though these semi-puritanic law-givers were willing to allow 
to the 23eople a considerable latitude in the " mode of religious 
worship," yet in matters of religious faith they were more ex- 
acting. Every member of the General Assembly, before tak- 
ing his seat, was required to accept and subscribe a test creed, 
in these words : — " I do believe in one God, the Creator and 
Governor of the universe, the rewarder of the good and punisher 
of the wicked. And I do acknowledge the scriptures of the 
Old and Kew Testament to be given by Divine inspiration, and 
own and profess the Protestant religion," It appears by the 
records of the General Assembly, that Ethan Allen, who was 
returned a member from Arlington in October, 1778, refused 
to express his belief in the manner prescribed by law. His 
participation in the deliberations of that session, shows that his 
non-conformity did not debar him from serving as the represen- 
tative of his constituents. "When in October, 1785, the consti- 
tution was revised, the acknowledgment of a religious belief 
was deemed essential, and the test creed was retained un- 
changed. 

While the interests of religion were thus protected, educa- 
tional interests were not neglected. Tlie provision made for 
the instruction of the youth of the state, at a time when boys 
of sixteen were compelled to bear arms, and when the alarms 
of war rendered a continuous attention to the arts of peace al- 
most impossible, affords a striking example of the forecast of 
these self-taught statesmen. Fully imbued with the necessity 
of multiplying the advantages of instruction, they declared that 
" a school or schools shall be established in each town by the 
Legislature, for the convenient instruction of youth, with such 
salaries to the masters, paid by each town, making proper use 
of school lands in each town, as thereby to enable them to 
instruct youth at low prices. One grammar school in each 
county, and one university in this state, ought to be established 
by direction of the General Assembly." To these wise provi- 
sions and to the laws which were afterwards enacted in accord- 
ance with them, Vermont owes the high position which she 
now holds, in an educational point of view, among the other 
states of the Union. 

Among a people who had ever been accustomed to express 
publicly their opinions, restraints infringing upon this privilege 
would be necessarily irksome. To guard against a contingency 
of this nature, and to protect that medium by which public 



1777.] ADMINISTRATION OF JUSTICE. 571 

wrongs are exposed, the condition of the state made known, 
and information of every proper character extended, the legis- 
lators of Yermont asserted " that the people have a right to 
freedom of speech, and of writing and publishing their senti- 
ments : therefore, the freedom of the press onght not to be 
restrained," and further, that " the printing presses shall be free 
to every person who undertakes to examine the proceedings of 
the Legislature, or any part of government." 

Ever since the abolition of colonial rule, the trial and punish- 
ment of evil-doers had devolved upon town and county com- 
mittees of safety, and upon such other temporary tribunals as 
had been warranted by public policy, and tacitly sanctioned by 
the people. As a consequence of this imperfect mode of judi- 
cial administration, the power thus delegated was often used to 
gratify the promptings of malice, or, on account of ignorance, 
was not exercised with that discrimination which distinguishes 
accurately between the right and the wrong. " Courts of jus- 
tice shall be established in every county in the state," pro- 
claimed the constitution, and thenceforth Justice blinded her 
eyes to the temptations which were s))ringing up on every side 
to beguile her, and adjusted her scales with honest precision. 

For the purpose of securing a just administration of the 
affiiirs of government, the principle of selecting for office, men 
of high moral character and unblemished reputation, was early 
established. In avowing this idea the announcement was made, 
" that frequent recurrence to fundamental principles, and a firm 
adherence to justice, moderation, temperance, industry, and 
frugality are absolutely necessary to preserve the blessings of 
liberty, and keep government free. The people ought, there- 
fore, to pay particular attention to these points in the choice of 
officers and representatives. The people have a right to exact 
a due and constant regard to them, from their legislators and 
magistrates, in the making and executing such laws as are 
necessary for the good government of the state." These no- 
tions found full development in the plain statement " that no 
person shall be capable of holding any civil office in this state, 
except he has acquired and maintains a good moral character." 
To affi^rd a more effectual protection in the exercise of the 
elective franchise, it was decreed by the constitution that " all 
elections, whether by the people or in General Assembly, shall 
be by ballot, free and voluntary ; and any elector who shall 
receive any gift or reward for his vote, in meat, drink, monies, 



572 HISTOKY OF EASTERN VERMONT. [1777. 

or otherwise, shall forfeit his right to elect at that time, and 
suffer such other penalty as future laws shall direct. And any 
person who shall, directly or indirectly, give, promise, or be- 
stow any such rewards to be elected, shall thereby be rendered 
incapable to serve for the ensuing year." By legislative enact- 
ments, other j^unishments were denounced against those who 
should attempt to impair the purity of the ballot-box. 

In the system of government promulged by the founders of 
the new state, industry, as the safeguard of a people, was a 
foundation principle. The sentence passed upon the father of 
mankind, wherein it was declared, that in the sweat of his face 
he shoidd eat bread, was too plainly appHcable to his descend- 
ants inhabiting a country as unproductive as was Vermont, to 
allow of the supposition, that any one could live there without 
employment of some nature. Having been obliged to gain 
their own subsistence by toilsome labor, the first legislators of 
Vermont felt and declared the necessity of a similar course, for 
all who desired to maintain a manly self-respect. These senti- 
ments found expression in the constitution, in the following lan- 
guage : — " As every freeman, to preserve his independence (if 
without a sufficient estate), ought to have some profession, call- 
ing, trade, or farm, whereby he may honestly subsist, there can 
be no necessity for, nor use in establishing offices of profit, the 
usual effects of which are dependence and servility unbecoming 
freemen, in the possessors or expectants, and faction, conten- 
tion, corruption, and disorder among the people. But if any 
man is called into public service, to the prejudice of his pi'ivate 
affairs, he has a right to a reasonable compensation. And 
whenever an office, through increase of fees or otherwise, be- 
comes so profitable as to occasion many to apply for it, the 
profits ought to be lessened by the Legislature."* 

Such were some of the features of the constitution under 
which the new state began its political existence. In the 
government as established, the supreme legislative power was 
vested in " a House of Representatives of the freemen, or com- 
monwealth, or state of Vermont," and the supreme executive 
power in a Governor and a Council of twelve, the members of 
which body were denominated Councillors or Assistants. The 
first session of the General Assembly — the name by which the 



* Acte and Laws of Vt., Ill 9, pp. i. — xii., 1, 2. Slade's Vt State Papers, pp. 
241-255, 287, 288, 524. 



1779.] ACTS PASSED BY TIIE FIRST GENERAL ASSEMBLY. 573 

House of Representatives was commonly designated — was held 
in March, 1778. A second was held in June, and a third in 
October following. The laws which were passed at these ses- 
sions were published towards the close of the year in pamphlet 
form, but were never recorded in the office of the secretary of 
state. Of their nature little is known. They, doubtless, par- 
took more of the character of temporary regulations than of 
permanent laws. In the journal of the first session, there are 
two entries under the date of March 26th, in these words : — 

" Passed an act for the punishing high treason and other 
atrocious crimes, as said act stands in the Connecticut law- 
book." 

" Passed an act against treacherous conspiracies, as said act 
stands in the Connecticut law-book." 

From these and other indications of a similar nature, it may 
be reasonably inferred, that Connecticut was the source whence 
New Connecticut, alias Vermont, derived many of her ideas of 
government and law. The crude manner in which these ideas 
were necessarily, in many instances, expressed, was doubtless 
the reason why the early enactments were not recorded. " It 
is indeed a subject of regret," observes Mr. Slade, " that any 
cause should have been thought sufficient to justify a neglect, 
by which the first essay at legislation by the government of 
Vermont, has been lost to succeeding generations." 

From the laws enacted at the fourth session of the General 
Assembly, held in February, 1779, a very correct idea may be 
formed of the determined character of the people of Vermont. 
No one can fail to recognise the fact, as developed in these 
statutes, that they loved liberty, hated oppression, and deemed 
it necessary to visit crime with punishments of the severest 
nature. By the first act passed at this session, it was decreed, 
as has been before stated, that the constitution should be " for- 
ever considered, held, and maintained, as part of the laws of 
this state." In the preamble of the same act, it was maintained 
that " the free fruition of such liberties and privileges as 
humanity, civility, and Christianity call for, as due to every 
man, in his place and proportion, without impeachment and 
infringement, hath been, and ever will be, the tranquillity and 
stability of churches and commonwealths ; and the denial or 
deprival thereof, the disturbance, if not the ruin of both.' 
Agreeable to these positions, it was enacted by statute, that 
" no man's life shall be taken away ; no man's honor or good 



574 HISTORY OF EASTERN VERMONT. [1779. 

name stained ; no man's person sliall be arrested, restrained, 
banished, dismembered, nor any ways punished ; no man shall 
be deprived of his wife or children ; no man's goods or estates 
shall be taken away from him, nor any ways indamaged under 
colour of law, or countenance of authority, unless it be by vir- 
tue of some express law of this state, warranting the same, 
established by the General Assembly ; or, in case of the defect 
of such law in any particular case, by some plain rule war- 
ranted by the Word of God." 

— That the "Word of God" and the " Connecticut law book" 
were the sources, whence were drawn those ideas which pre- 
vailed in the formation of the penal statutes of Yermont, may 
be readily seen from an examination of the statutes themselves. 
" The early criminal code of Connecticut," observes a late 
writer,* " recognized twelve capital oifences, to which two more 
were afterwards added, and all of which were founded on the 
strict precepts of the Levitical law," The criminal code of 
Vermont, adopted in February, 1779, recognized nine offences 
punishable by death. These were treason ; murder ; arson ; rape ; 
bestiality ; sodomy ; bearing false witness against a person for 
the purpose of causing his death ; mutilation, either by mali- 
ciously cutting out or disabling the tongue, or by putting out 
one or both of the eyes, " so that the person is thereby made 
blind," or by emasculation ; and blaspheming " the name of 
God the Father, Son, or Holy Ghost, with direct, express 
presumption, and high-handed blasphemy," or cursing " in the 
like manner." f 

Other crimes were regarded with a sternness approaching 
almost to that which characterized the Draconian system. 
Manslaughter was punished by the forfeiture to the state of 
" all the goods and chattels" of the manslayer ; by whipping 
" on the naked body ;" by branding the hand " with the letter 
M on a hot iron ;" and by disabling the oftender " from giving 
verdict or evidence" in any court in the state. Persons con- 
victed of the crime of incest were compelled to sit " upon the 
gallows the space of one hour, with a rope about their neck, 
and the other end cast over the gallows ; and in the way from 
thence to the common gaol," were to be " severely whipt, not 

* See " Sketches of the Lives and Judicial Services of the Chief Justices of the 
Supreme Court of the United States," by George Van Santvoord, p. 223. 

f Acts and Laws of Vt., 1779, pp. 1, 2, 5, 73, 74, 94. Slade's Vt. State Papers, 
pp. 267, 287, 28S, 201, 292, 354, 355, 375. 



1770.] THE LAW AGAINST APULTEKY. 575 

exceeding thirty-nine stripes eacli." Otlier punishments for 
this offence were stated in these words : — " Persons so offend- 
ing, shall, forever after, wear a capital letter I, of two inches 
long and proportionable bigness, cut out in cloth of a contrary 
colour to their cloaths, and sewed upon their garments, on the 
outside of their arm, or on their back, in open view. And if 
any person or persons, convicted and sentenced as aforesaid, for 
such offence, shall, at any time, be found without their letter 
so worn, during their abode in this state, they shall, by warrant 
from any one assistant or justice of the peace, be forthwitli ap- 
prehended, and ordered to be publicly whipt, not exceeding fif- 
teen stripes, and from time to time, or as often as they shall so 
offend." Incestuous marriages were also declared void, and all 
children born of such connection were " forever disabled to 
inherit by descent, or by being generally named in any deed 
or will, by father or mother." 

In the statute " against and for the punishment of adultery" 
the following language was held : — " "Whosoever shall commit 
adultery with a married woman, or one betrothed to another 
man, both of them shall be severely punished by whipping on 
the naked body, not exceeding thirty-nine stripes, and stigma- 
tized, or burnt on the forehead with the letter A, on a hot iron ; 
and each of them shall wear the capital letter A, on the back 
of their outside garment, of a different color, in fair view, dur- 
ing their abode in this state. And as often as such convicted 
person shall be seen without such letter, and be thereof con- 
victed before an assistant or justice of the peace in this state, 
[he] shall be whipt on the naked body, not exceeding ten 
stripes." The same punishments were denounced against those 
who should be guilty of polygamy, and polygamous marriages 
Avere declared " null and void." At the session of the General 
Assembly in October, 1783, the statutes against adultery and 
polygamy were re-enacted in a more definite form, but with 
penalties attached similar to those above recited. 

House-breaking and highway robbery were punished with 
great severity. " Whosoever shall commit burglary," these 
were the words of the statute, " by breaking up any dwelling- 
house, or shop, wherein goods, wares, and merchandize are 
kept ; or shall rob any person in the field or highway — such 
person, so offending, shall, for the first offence, be branded on 
the forehead with the capital letter B, on a hot iron, and shall 
have one of his ears nailed to a post and cut off; and shall also 



576 HISTORY OF EASTKKN VEEMOXT. [1779. 

be whipped on the naked body fifteen stripes. And for the 
second offence, such person shall be branded as aforesaid, and 
shall have his other ear nailed and cut off as aforesaid, and 
shall be whipped on the naked bodj twenty-five stripes. And 
if such person shall commit the like ofience a third time, he 
shall be put to death as being incorrigible."* 

In the law " against counterfeiting bills of public credit, 
coins, or currencies," the penalties denounced upon those guilty 
of this offence were expressed in these words : — " Every person 
or persons, so ofi'ending, shall be punished by having his right 
ear cut ofi", and shall be branded with the capital letter C, on a 
hot iron, and be committed to a work-house, there to be con- 
fined and kept to work, under the care of a master, and not to 
depart therefrom, without special leave from the Assembly of 
this state, until the day of his death, under the penalty of being 
severely whipped by order of any court, assistant, or justice, 
and thereupon to be returned to his former confinement and 
labor." In addition to these punishments the estate of the 
offender was declared forfeited to the state. The law for pu- 
nishing those guilty of hindering any officer, "judicial or exe- 
cutive, civil or military," in the performance of his duty, has 
been previously recited.f By the law enacted for the purpose 
of " preventing and punishing riots and rioters," ofienders were 
to be fined a sum not exceeding £200, and imprisoned for not 
more than six months, or whipped " not exceeding forty stripes." 
Perjury was punished by a fine of £50, and imprisonment for 
six months. The law further provided, in case the " oftender 
or offenders, so offending, have not goods and chattels to the 
value of £50, that then he or they shall be set in the pillory by 
the space of two hours, in some county town where the offence 
was committed, or next adjoining to the place where the offence 
was committed ; and to have both his ears nailed and cut off ; 
and from thenceforth be discredited, and disabled forever to be 
Bworn in any court whatsoever, until such time as the judg- 
ment shall be reversed.":}: 

Any person guilty of forgery was compelled to stand in the 
pillory on " three several days of public meeting, not exceeding 

* Acta and Laws of Vt, 1119, pp. 3-5, 84, 93. Slade's Vt. State Papers, pp. 
290, 291, 366, 374, 375, 473-475. 

f Ante, pp. 340, 341. 

^: Acts and Laws of Vt., 1779, pp. 13, 60, 61, 96. Slade's Vt. State Papers, pp. 
300, 333, 346-348, 377. 



1779.] PUNISHMENTS FOK THEFT. 677 

two hours each day ;" to pay double damages ; and was also 
rendered incapable of giving " any evidence or verdict in any 
court, or before any magistrate or justice of the peace." By 
the act " for the punishment of lying," it was declared " that 
every person of the age of discretion, which is accounted four- 
teen years, who shall wittingly and willingly make or publish 
any lie, which may be pernicious to the public weal, or tend 
to the damage or injury of any particular person, or to deceive 
and ahicse the people with false news or reports^ and be thereof 
duly convicted before any court, assistant, or justice of the 
peace, shall be fined for the first offence 40*., or if unable to 
pay the same, then such person shall sit in the stocks not ex- 
ceeding two hours." For the second offence, the delinquent 
was to be fined " double the aforesaid sum," or to be " whip- 
ped on the naked body, not exceeding ten stripes." The third 
offence was to be punished by " double the fine for the second," 
or by " twenty stripes ;" and for each succeeding offence the 
fine was to be increased 10*., or five stripes. It was under- 
stood, however, that the number of stripes was in no case to 
exceed thirty-nine. 

Theft, provided the value of the property stolen was less than 
£6, was punished by compelling the offender to make restitu- 
tion to the owner in a threefold ratio, and by a discretionary 
fine, not to exceed £10. If the value of the property was £6 
or more, the thief, in addition to the triple forfeiture, was 
" punished by whipping, not exceeding thirty-nine stripes." 
For the purpose of meeting the contingency of poverty, it was 
further ordained : — " If any such offender be unable to make 
restitution, and pay such three-fold damages, such offender shall 
make satisfaction by service ; and the prosecutor shall be, and 
is hereby empowered to dispose of such offender in service, to 
any subject of this state, for such time as he shall be assigned to 
such prosecutor by the court, assistant, or justice, before whom 
the prosecution shall be." Cursing and profane swearing were 
punished by a fine of 6s., or by sitting in the stocks " not exceed- 
ing three hours, and not less than one hour," and paying the cost 
of prosecution. He who allowed gaming in any form on his 
premises, was punished by fine, as was also he who engaged in 
this unlawful sport, or in horse-racing.* 

* Act8 and Laws of Vt., 1779, pp. 35, 36, 44, 80, 88, 89, 92. Slade's Vt. State 
Papers, pp. 324, 331, 361, 362, 369, 370, 373. 

87 



578 HISTORY OF EASTERN VERMONT. [1779. 

For tlie purpose of preventing " unseasonable night-walking, 
and for the punishing of disorders committed in the night sea- 
son," a statute was enacted, by the terms of which it was 
declared, " that if any persons that are under the government 
of parents, guardians, or masters ; or any boarders or sojourn- 
ers, shall convene, or meet together, or be entertained in any 
house, without the consent or approbation of their parents, 
guardians, or masters, after nine o'clock at night, any longer 
than to discharge the business they are sent about; or shall 
meet together, and associate themselves in company or com- 
panies, in streets or elsewhere after the time aforesaid, and shall 
commit any disorder, or make any rout at any time in the 
night season — each person so offending shall forfeit 20*. for 
every such offence." It was also provided by this act, that 
if any person suspected of being engaged in causing disturb- 
ance at night, should not be able to give " a satisfactory 
account" of himself at the time the disturbance occurred, and 
prove that he " had no hand " in it, he should be hable for all 
damage arising therefrom. 

Power was given to the county courts to license suitable per- 
sons to keep houses of public entertainment. At the same time, 
means were taken to prevent the abuses which might arise from 
the indiscriminate sale of intoxicating liquors. Whenever it 
should appear to the officers of a town that any person residing 
within the town was " a tavern-haunter," or that he spent " his 
time idly " at houses of entertainment, they were authorized 
" to cause the name of such tavern-hamiter to be posted at the 
door of every tavern in the same town, by setting up a certifi- 
cate, under their hands, forbidding every tavern-keeper in such 
town," under penalty of a fine of £3, and forfeiture of his license- 
bond, to entertain, or suffer any tavern-haunter so posted, " to 
have or drink any strong liquors of any kind whatsoever, in or 
about his house," until the prohibition should be removed. In 
case the person warned in the manner aforesaid, should refuse 
to lay aside his " evil practises," authority was given to the town 
officers to require surety for his good behavior. Should the 
offender fail to find surety, he was required " to pay a fine of 
20s. or sit in the stocks for the space of two hours, on some pub- 
lic time or season." 

None except licensed keepers of houses of public entertain- 
ment were allowed to vend liquors " by a less quantity than a 
quart." Any person " duly convicted of keeping a tippling- 



1779.] PENALTIES FOR DRUNKENNESS AND SABBATII-BREAKING. 579 

house, or of selling strong beer, ale, cider, perry, metlieglin, 
wine, rum, or mixed drink, or any strong drink whatsoever, by 
retail in small quantities, as aforesaid, without license first had 
as aforesaid," was rendered liable to a fine of £3 for the first 
ofience, of £6 for the second offence, and in default of payment 
in either case, " to be publicly whipped on the naked body not 
less than ten, nor exceeding fifteen stripes,"* 

By the statute for " the punishment of drunkenness," it was 
enacted that if any person should " be found drunken," so as to 
" be thereby bereaved and disabled in the use of reason and 
understanding, appearing either in speech, gesture, or behavior, 
and be thereof convicted, he or she" should forfeit to the trea- 
surer of the town where the offence was committed, " for the 
use of the poor therein," 8s. for each offence, or " sit in the 
stocks not to exceed three hours, nor less than one hour."f 

In no instance, perhaps, was the influence of " the Connecti- 
'cut law book " more apparent, than in the act " for the due 
observation and keeping the first day of the week, as the Sab- 
bath or Lord's day ; and for punishing disorders and profane- 
ness on the same." By its regulations no person was allowed 
to perform any labor, " works of necessity and mercy, only, 
excepted," or engage in " any game, sport, play, or recreation " 
on Sunday, or on any day of public fasting or thanksgiving, 
under a penalty not exceeding £10. Whoever should be guilty 
of " any rude, profane, or unlawful behaviour on the Lord's 
day, either in words or actions, by clamorous discourse, or by 
shouting, halooing, screaming, running, riding, dancing, jump- 
ing, blowing of horns, or any such like rude or unlawful words 
or actions, in any house or place, so near to, or in, any public 
meeting-liouse for divine worship, that those who meet there 
may be disturbed by such rude and profane behaviour," was to 
be fined 40s. for every such offence, and " whipped on the 
naked back, not exceeding ten stripes, nor less than five." Ko 
person was allowed to " drive a team, or droves of any kind, or 
travel on said day," except on business relating to " the present 

* By an act of the General Assembly passed on the 21st of October, 1782, this 
act was amended, and none but licensed tavern-keepers, and persons especially 
licensed by the justices and selectmen, in each town, were permitted " to sell any 
distilled liquor or wine, in any less quantity than fifteen gallons, delivered and 
carried away at one time, on penalty of forfeiting the sum of £10." See ante, pp. 
189, 190. 

■j- Acts and Laws of Vt., 1779, pp. 44, 77, 89-92. Slade's Vt. State Papers, pp. 
331, 3.59, 370-373. 



580 HISTORY OF EASTERN VERMONT. [1779. 

war," or unless ''by some adversity*' he had been belated, 
" and forced to lodge in the woods, wilderness, or highways the 
night before." In the latter case he was allowed to proceed on 
Sunday no further than to " the next inn or place of shelter." 

'No person was allowed to be accompanied by an attendant 
on Sunday, while going to or returning from " the public wor- 
ship of God," unless necessity or mercy required it. Listening 
" outside of the meeting-house during the time of public wor^' 
ship ;" unnecessarily withdrawing one's self from " the public 
worship to go without doors ;" and desecration of the time " by 
playing or profanely talking" were also strictly forbidden. 
The old New England custom, according to which Sunday was 
regarded as beginning at sunset on Saturday, not only obtained 
in Vermont but was in a measure defended by law. " If any 
number of persons," these were the words of the statute, " shaR 
convene and meet together in company or companies, in the 
street or elsewhere, on the evening next before or after the 
Lord's day, and be thereof convicted, [they] shall pay a fine 
not exceeding £3, or sit in the stocks not exceeding two hours." 
To this section a proviso was attached declaring that it was not 
to be " taken or construed to hinder the meetings of such per- 
sons upon any religious occasions." Tlie officers of each town 
were required to " restrain all persons from unnecessary walk- 
ing in the streets or fields, swimming in the water, keeping 
open their shops, or following their secular occasions or recrea- 
tions in the evening preceding the Lord's day, or on said day, 
or evening following." A wholesome dread of disobeying any 
of the regulations enjoined by this act was inculcated by the 
denunciation of penalties of various kinds against Sabbath - 
breakers.* 

For facilitating the infliction of punishment, every town was 
ordered to " make and maintain at its own charge, a good pair 
of stocks, with a lock and key, sufiicient to hold and secure 
such ofi'enders as shall be sentenced to sit therein ; which stocks 
shall be set in the most public place in each respective town." 
In accordance with the principles of philanthropy and Christian 
charity, measures were taken for "maintaining and supporting 
the poor," and many laws having for their object the welfare 
and improvement of society were enacted. 

* Acts and Laws of Vt., 1779, pp. 26, 27. Blade's Vt. State Papers, pp. 313- 
315. 



1779.] MILITIA LAWS. 581 

All male persons between the ages of sixteen and fifty were 
required to " bear arms, and duly attend all musters and mili- 
tary exercises" of the companies to which they belonged, with 
the exception of " ministers of the gospel ; councillors ; justices 
of the peace ; the secretary [of state] ; judges of probate and 
of superior and inferior courts ; the president, tutors, and stu- 
dents at collegiate schools ; masters of arts ; allowed physicians 
and surgeons ; representatives or deputies for the time being ; 
school-masters ; attornies-at-law ; one miller to each grist-mill ; 
sheriifs and constables for the time being; constant jurymen; 
tanners, who make it theii' constant business ; and lamed per- 
sons or others disabled in body." Each soldier and house- 
holder was required to be always provided with, and to have 
in constant readiness, " a well fixed firelock, the barrel not less 
than three feet and a half long, or other good fire-arms, to the 
satisfaction of the commissioned officers of the company to 
which he doth belong, or in the limits of wdiicli he dwells ; a 
good sword, cutlass, tomahawk, or bayonet ; a Avorm and prim- 
ing-wire fit for each gun ; a cartouch-box or powder-horn, and 
bullet-pouch ; one pound of good powder ; four pounds of bul- 
lets fit for his gun ; and six good flints." Full details of the 
rules by which the militia of the state were to be guided were 
also set forth, and provision was made for the varied difficulties 
which might arise in the construction of a military organization. 

For the purpose of insuring a proper presentation of the 
principles of law and justice, and in order to prevent ignorant 
and unscrupulous men from practising in the courts, every 
person approved of as an attorney-at-law was required, before 
being admitted to the bar, to take the following oath : — " You 
swear by the ever-living God, that you will do no falsehood, 
nor consent to any to be done in the court ; and if you know of 
any to be done, you shall give knowledge thereof to the judges 
or justices of the court, or some of them, that it may be re- 
formed. You shall not, wittingly, and willingly, or knowingly 
promote, sue, or procure to be sued, any false or unlawful suit, 
nor give aid or consent to the same. You shall demean your- 
self in the office of an attorney within the court, according to 
the best of your learning and discretion, and with all good 
fidelity, as well to the court as to the client. So help you God, 



»* 



* Acts and Laws of Vt., 1779, pp. 18-24, 43, 78, 97, 98. Slade's Vt. State Pa- 
pers, pp. 305-312, 330, 331, 359, 360, 378, 379. 



682 HISTORY OF EASTERN VERMONT. [1779 — 17S9. 

The statutes enacted in February, 1779, some of the most 
remarkable of which have been cited, served as the basis of 
the system of law which for many years obtained in Yermont. 
At the session of the General Assembly, held iu June, 1782, 
the common and statute laws of England, so far as they were 
applicable to a republican form of government, and were " not 
repugnant to the constitution, or to any act of the Legislature " 
of Yermont, were adopted as the laws of the state. Corporal 
punishment, though at first much employed as a means of refor- 
mation, gradually fell into disuse, as moral suasion usurped the 
place of brute force, and finally ceased to be recognized as a 
lawful penalty.* Instances of the infliction of this and of other 
degrading punishments are often met with in the records of 
Yermont trials. 

At the session of the Superior court, held at Windsor, in 
February, 1784, Abraham Taylor, who pleaded guilty to the 
commission of a crime too indecent to name, received this sen- 
tence : — " That he be taken by the sheriff to the whipping-post, 
and be w^hipped on the naked body thirty -nine stripes ; sit in 
the pillory half an hour on two different days, viz. half an hour 
on each day ; be imprisoned one month ; pay a fine of £20 
and cost of prosecution ; and stand committed tUl judgment be 
complied with," Martha Mansfield having been adjudged 
guilty of a certain offence, at the session of the Superior court, 
held at Marlborough on the fifth Tuesday of August, 1786, was 
sentenced to be taken to the pubhc whipping-post in that town ; 
whipped twenty stripes on the naked body ; pay the costs of 
prosecution ; and be imprisoned until judgment was complied 
with. At the same time Mary Hazeltine and Timothy Hol- 
brook were sentenced to receive twenty-five strij)es each, and 
Thomas Walker thirty stripes. On the first Tuesday of March, 
1789, a session of the Superior court was held at Newfane. 
On this occasion the guilt of Ezra Whitney in some transaction 
having been proved, he was sentenced " to stand in the pillory 
one hour, between the hours of twelve and two, at Newfane in 
the county of Windham, on the 9th day of instant March, in a 
pubhc place near the Court-house ; pay a fine of £30 to the 
treasury of the state ; and pay costs of prosecution, taxed at 

* The efiforts of the first Council of Censors, at their meetings held during the 
years 1785 and 1786, were very beneficial in rendering the character of the 
punishment for minor offences less brutal, and in introducing a more humane 
spirit into the criminal code of the state. 



1779 1789.] A STRANGE BUEIAL. 583 

£10 135. 8^." The trial of Eeuben Row, alias Miinroe, by the 
Supreme coiu't, at their session held at Newfane on the 4th of 
September, 1789, on the charge " of passing to John Holbrook 
Jr. one piece of false money, made of certain mixed and base 
metals, counterfeited to the hkeness and similitude of a piece 
of good, lawful, and current coin of this state, called a dollar," 
resulted in his conviction. The sentence of the court was car- 
ried into execution by Samuel Fletcher, the sheriff, who admi- 
nistered to the culprit " twenty stripes on his naked back, well 
laid on, at the common whipping-post in said Newfane, between 
the hours of two and four in the afternoon" of the day on 
which the judgment was rendered. It further appears, by the 
records of the court, that on the morning of the same day, 
" Eow alia^ Munroe " was punished by being compelled to 
stand " in the common pillory " of Windham county " for the 
space of one hour."* 

In a country or state where no very definite ideas either of 
law or of the principles of right are held by the people, customs 
sometimes prevail, which, though strange and unnatural, are 
often observed with the most scrupulous care. Of those which 
obtained among the early settlers of Vermont, springing from a 
perversion of legal maxims, two examples have been preserved. 
On the 16th of June, 1785, the General Assembly of Vermont 
passed an act discharging from imprisonment, on certain condi- 
tions, Thomas Chandler of Chester, one of the early settlers on 
the ISlew Hampshire Grants. On the 20th of the same month, 
before he was enabled to comply with the terms of the act, 
Chandler died in the jail at Westminster, where, during seve- 
ral months, he had been confined for debt. According to the 
ideas of that period, if the friends of a person dying in prison 
carried his remains beyond the boundaries of the jail-yard they 
were regarded as accomplices in an " escape," and were sup- 
posed to be liable to satisfy the judgment by virtue of which 
he was confined. Another foolish notion led people to ima- 
gine, that any one who should bury the body of an imprisoned 
debtor would thereby become executor in his own wrong, and, 
as an intermeddler with the estate of the debtor, liable to dis- 
charge the debtor's obligations. How to give Christian burial 
to the remains of Judge Chandler, and yet avoid the responsi 
bility of answering for his defaults, was a serious question. 

* MS. Court Records. Slade's Vt. State Papers, p. 450. 



584 HISTORY OF EASTERN VERMONT. [17 79. 

Foe several days tlie corpse remained in the cell of the jail, 
shunned by those whose common sense, one would suppose, 
should have taught them the folly of a custom which forbade 
them to perform an act of humanity as imperative and solemn 
as is that of inhumation. At length, when the body had be- 
come so offensive as to endanger the health of the prisoners 
confined in the jail, Nathan Fisk, the jailer, suggested an expe- 
dient which was quickly put in practice. On measuring the 
jail liberties, he found, that by stretching the chain, he could 
include within them a small portion of the adjoining burying- 
ground, A grave was then commenced just outside the grave- 
yard fence, and just within the jail-yard limits. As the exca- 
vation advanced, it was directed obliquely under the fence, 
until a sufiicient depth and obliquity had been obtained. Tliese 
preparations having been completed, the jailer in company 
with a few individuals entered, in the silence of midnight, the 
cell where the putrescent mass was lying, placed it in a rough, 
box-like cofiin, drew it on the ground to the spot selected for in- 
terment, and consigned to its last resting-place all that remained 
of the once noted Chandler. Thus was he buried within the jail 
limits, and yet, by a very pardonable evasion of law, beneath 
the consecrated soil of " the old Westminster churchyard."* 

By another strange perversion of legal principles, at this 

* This story is related, in a different form, by the Hon. Daniel P. Thompson, 
in that most entertaining American historical novel, entitled " The Rangers ; or, 
Tlie Tory's Daughter," i. 99. 

Tlie author of this work has often heard the circumstances connected with the 
burial of Judge Chandler detailed by the old people who reside in the vicinity 
of the place where the event occurred. An account of the incident was pub- 
lished on the 9th of February, 1855, in the Vermont Republican, a newspaper 
printed at Brattleborough. The article in which it appeared, entitled " More 
about Westminster," was first printed in another Vermont newspaper, the Ver- 
gennes Independent. The writer of the article illustrated the superstitious views 
of the early settlers of Vermont by a more singular but less credible story, which is 
here given in his own words : — " There once obtained a custom, whether warranted 
by law tliis deponent saith not of holding even the dead body of a debtor liable 
to arrest. It is said that a case occurred in the town of Dummerston, within the 
memory of some now living, where a dead body was arrested on its waj" to the 
grave, and detained till some of the friends 'backed the writ,' and thus became 
surety for the debtor's appearance at court. As the return day of the writ was 
some time off, the defendant was in no condition to appear, and consequently 
' lurched his bail.' I must confess this sounds rather apocryphal. The case of 
poor Sheridan, who was arrested while in the agonies of death, is familiar to 
every literary man, but the arrest of a corpse seems too monstrous to be be- 
lieved. Such an event, if it has occurred, would well deserve to be called an 
arrest on mean (mesne) process." 



1Y25 — 1800.] A CUEI0U8 wedding. 685 

early period, certain people were led to believe, that whoever 
should marry a widow, who was administratrix upon the estate 
of her deceased husband, and should through her come in pos- 
session of anything that had been purchased by the deceased 
husband, would become administrator in his own wrong, and 
render himself liable to answer for the goods and estate of his 
predecessor. The method adopted to avoid this difficulty, in 
the marriage of Asa Averill of Westminster to his second 
wife, the widow of Major Peter Lovejoy, was very singular. 
By the side of the chimney in the widow's house was a recess 
of considerable size. Across this a blanket was stretched in 
such a manner as to form a small inclosure. Into this Mrs. 
Lovejoy passed with her attendants, who completely disrobed 
her, and threw her clothes into the room. She then thrust her 
hand through a small aperture purposely made in the blanket. 
The proffered member was clasped by Mr. Averill, and in tliis 
position he was married to the nude widow on the other side 
of the woollen curtain. He then produced a complete assort- 
ment of wedding attire which was slipped into the recess. The 
new Mrs. Averill soon after appeared in full dress, ready to 
receive the congratulations of the company, and join in their 
hearty rustic festivities. The marriage proved a happy one, 
their children by their former partners Hving in great har- 
mony, not only with each other but with those also who were 
afterwards born to the new pair.* 

Of the aboriginal inliabitants of that part of Yermont which 
borders the banks of the Connecticut, very little is known. The 
Iroquois Indians, whose hunting-ground comprehended the 
whole of the western portion of the state, seldom extended 
their wanderings across the mountains, and have left but few 
vestiges of their presence, even in the places which were most 
frequented by them. The country in the neighborhood of Lu- 
nenburgh and Newbury, and on the side of the river opposite 
to the latter place, was called by the Indians, " Coos," which 
word, in the Abenaqui language, is said to signify " The 
Pines." At these localities, and at other points on the upper 
Connecticut, formerly resided a branch of the Abenaqui tribe. 
On the 8th of May, 1725, occurred a memorable fight at the 
lower village of Pigwacket, New Hampshire, which resulted 

* MS. Letter of the Hon. William C. Bradley, dated March 16th, 1857 



586 HISTORY OF EASTERN VERMONT. [1725 1800. 

in the defeat, by Capt. Jolm Lovewell and thirty-four men, of 
a large Indian force, commanded by the chiefs Paugus and 
Wahwa. After this event the " Coossucks," as the Indians 
were called who inhabited the Coos country, deserted their 
abodes, and removing to Canada became identified there with 
the tribe at St. Francis. Subsequent to the reduction of Ca- 
nada by the English, in 1760, several Indian families returned 
to Coos, and remained there until they became extinct.* 

The extent of the Indian settlements at Newbury has never 
been fully ascertained. The character of the country was such 
as would naturally suit the taste of those who depended upon 
hunting and fishing for support, for the woods were filled with 
bears, moose, deer, and game, while the Connecticut abounded 
in salmon, and the brooks were alive with trout. Of the evi- 
dences of savage life which have been found in this vicinity, 
the following account by a citizenf of Newbury may be relied 
on as correct. " On the high ground, east of the mouth of 
Cow Meadow brook, and south of the three large projecting 
rocks, were found many indications of an old and extensive 
Indian settlement. There were many domestic implements. 
Among the rest were a stone mortar and pestle. The pestle I 
have seen. Heads of arrows, large quantities of ashes, and the 
ground burnt over to a great extent, are some of the marks of 
a long residence there. The burnt ground and ashes were still 
visible the last time the place was ploughed. On the meadow, 
forty or fifty rods below, near the rocks in the river, was evi- 
dently a burying-ground. The remains of many of the sons of 
the forest are there deposited. Bones have frequently been 
turned up by the plough. That they were buried in the sitting 
posture, peculiar to the Indians, has been ascertained. When 
the first settlers came here, the remains of a fort were still visi- 
ble on the Ox Bow, a dozen or twenty rods from the east end 
of Moses Johnson's lower garden, on the south side of the lane. 
The size of the fort was plain to be seen. Trees about as large 
as a man's thigh, were growing in the circumference of the old 

* An account of a few of the Indians who inhabited the Coos country, during 
the latter part of the last and the earlier portion of the present century, is given 
in the " Historical Sketches of the Coos country" by the Rev. Grant Powers, pp. 
178-189. Consult also Thompson's Vermont, Part II.. pp. 205, 206. 

j- David Johnson, Esq., a son of the worthy Col. Thomas Johnson, whose name 
has already appeared in these pages. The extract given in the text is taken 
from Powers's Coos Country, pp. 39, 40. 



1T25— 1800.] 



INDIAN SCULPTDRES. 



587 



fort. A profusion of M'hite flint-stones and heads of arrows 
may yet be seen scattered over the ground."* 

The j)icture writing of the Indians, which is to be seen in 
two localities in Eastern Yermont, aflbrds satisfactory evidence 
of the fact, that certain tribes were accustomed to frequent the 
Connecticut and the streams connected with it, even though 
they were not actual residents of the pleasant banks within 
which those waters are confined. At the foot of Bellows Falls, 
and on the west side of the channel of the Connecticut, are 
situated two rocks, on -which are inscribed figures, the meaning 
of which it is diflicult 
to determine. The lar- 
ger rock presents a 
group of variously or- 
namented heads. The 
surface which these 
heads occupy is about 



six feet in height and 
fifteen feet in breadth. 
Prominent among the 
rest is the figure occu- 
pying nearly a central position in the group. From its head, 
which is supported by a neck and shoulders, six rays or feathers 
extend, which may be regarded as emblems of excellence or 
power. Four of the other heads are adorned each with a pair 
of similar projections. 
On a separate rock, 
situated a short dis- 
tance from the main 
group, a single head 
is sculptured, which is 
finished with rays or 
feathers, and was pro- 
bably intended to de- 
signate an Indian 
chief. Tlie length of 
the head, exclusive of 




Indian Sculpturee. 




Indian Bcnipture. 



the rays, is fourteen inches, and its 
breadth across the forehead in its widest part is ten inches. 
These sculpturings seem to have been intended to commemo- 
rate some event in which a chief and a number of his 



This account was published in the year 1840. 



588 



HISTORY OF EASTKKN VERMONT. [1723 1800. 



tribe performed some noted exploit, or met with some sad 
disaster. The former supposition is midoubtedlj the more cor- 
rect. It is well known that the Indians were usually careful to 
conceal the traces of their misfortunes, and eager to publish 
the evidence of their successes. 

The rocks are situated about eight rods south of the bridge 
for common travel, across the Falls. That on which the group 
is pictured is, during much of the time, under water. The 
other, which is further from the river, is not so much affected 
by the wash of the stream. Whenever a freshet occurs, both 

are covered. An 
idea of the locali- 
ty of these sculp- 
turings may be 
obtained from the 
accompanying 
engraving. The 
view presented is 
from a point be- 
tween the two not- 
ed rocks, which 
are respectively 
designated by the 
letters A and B. 
A train on the 
Sullivan Railroad 
is seen passing up 
on the other side 
of the river. In 
the back-ground rise the mountains of New Hampshire.* 
On the south bank of the Wantastiquet or West river, in the 




Locality of the Sculptures. 



* In his "Travels through the Northern Parts of the United States, in the 
Years 1807 and 1808," Edward Augustus Kendall, Esq., referred to the sculptures 
at Bellows Falls, and endeavored by them to prove that the characters on the 
rock at Dighton, Massachusetts (or " the Writing Rock on Taunton River," as he 
designated it), were inscribed by the Indians. A few extracts from his work will 
show the pompous style in which he treated the subject. After describing Bel- 
lows Falls, then often called the Great Falls, he pi'oceeded to his argument, in these 
words : — 

" The entire basin of the cataract is of coarse granite, fractured into large masses. 
On the smooth and inclined face of one of these masses, situate on the south side 
of the bridge, and on the west side of the river, are the sculptures. These have 
a comparative insignificance when placed beside the Writing Rock on Taunton 



1Y23— 1800.] " INDIAN KOCK." 689 

town of Brattleborongh, is situated the " Indian Eock." Its 
location is about one hundred rods west of the point of junction 
of the Wantastiquet and Connecticut rivers. It lies low, and 

River. They consist in outlines of a variety of heads, some of -which are human, 
and some belonging to animals. Unlike the sculptures of the Writing Rock, they 
are parts of no connected work, but are scattered over the face of the rock, in the 
most even and eligible places. 

" It is to these sculptures, then, that I appeal, as to conclusive evidence of the 
Indian origin of the Writing Rock. They are too rude, too insignificant, and too 
evidently without depth of meaning to be attributed to Phoenicians or Cartha- 
ginians. No person will carry European vanity so far as to contend that there is 
anytliing here above the level of the Indian genius. But, if Indians were the 
authoi's of these sculptures, then Indians were the authors of the Writing Rock 
also. The style of the drawing is the same ; the style of sculpture is the same ; 
and it is for this reason that I add nothing now, to what I have already ad- 
vanced, in regard to these particulars. All that requires any special notice is 
this, that the rock at the Great Falls, which is of an exceedingly coarse granite, 
must have been wrought with still more difficulty than the rock on Taunton 

River These sculptures, so obviously the work of idle hours, and for the 

accomplishment of which the rudest artist, once provided with a tool, must be 
allowed to be competent, supply tis with the fact, that the Indians were able to 
sculpture rocks, and that when they did sculpture them, the sculpture resembled 
the sculpture of the Writing Rock. 

" In more than one of the heads sculptured at the Great Falls, we see an exact 
similitude to the heads sculptured on the Writing Rock, and particularly in the 
circumstances, that a single dot or hollow is made to serve both for nose and 
mouth ; that no ears are given to the human heads ; and that the crowns of the 

heads are bare Thus, we ascertain that in the sculptures observed upon 

the Writing Rock, there is the strictest similitude, in workmanship and drawing, 

to those observed upon the rocks at the Great Falls Thus, all questions 

are answered, except those that regard the nature of the tool by the edge of which 
the rocks have been wrought upon, and the occasions upon which the figures 
have been wrought. 

" With respect to the nature of the tool, every difficulty would be dismissed by 
supposing that the sculptures were not wrought till after the introduction of iron 
by the Europeans : but, there appears to be good reason for thinking them more 
ancient, and we shall, therefore, in all probability, be compelled to believe, that 
the tool was of no better material than stone. 

" One only question remains, upon which I shall venture to hazard any remark, 
and this respects the occasions upon which rocks have been sculptured by the 
Indians. 

" In the first place, it is matter of notoriety that the Indians have always pur- 
sued the practice of representing, by delineation, carving, and, as we are now 
entitled to add, by sculpture, those objects and those events concerning which 
they either wished to make some instant communication, or to preserve some 

durable monument In the second place, there can be little reason to 

doubt, that they sometimes exercised their skill, in all the arts now mentioned, 
for the mere purposes of pastime ; and, in this view, it appears unnecessary to 
admit the doctrine, advanced by some persons in the neighborhood of the Great 
Falls, in regard to the sculptures there displnyed, namely, that the heads wrought 
upon the rocks are the heads of men, women, children, and animals that have 



590 



HISTORY OF EASTERN VERMONT, [1723 — 1800. 




Indian Eock." 



during a part of the year is covered with water, or with sand 
and dirt, the deposit of the river. On first examining this 

rock, the fig- 
\ ures on the np- 

^^"^"^"^^ per part of it 

were alone visi- 
ble. Just be- 
low them, the 
rock was cover- 
ed with earth 
to the depth of 
six inches. The 
earth was re- 
moved, until a 
surface measur- 
ing ten feet in 
width, and eight feet in height, was exposed. At the point 
where the workmen ceased digging, the rock was covered with 
three feet of earth. The whole surface of the rock, was, upon 
closer scrutiny, found to be covered with inscriptions. Among 
these the date 1755 was to be distinguislied. The two figures 
in the upper corner of the engraving, and on a line with one 
another, are each about eight inches in height, and six inches 
across, measuring from the extremities of the lateral append- 
ages. Of the ten figures here presented, six are supposed to 
designate birds, two bear a resemblance to snakes, one is not 
unhke a dog or a wolf, and one conveys no idea either of bird, 
beast, or reptile. Tlie chiselling of these sculptures is deeper 
and more easily traced than that of the sculptures at Bellows 

been drowned in the cataract — the Indians being used to commemorate by sculp- 
tures particular catastrophes of this kind. We may object to this, first, that there 
is no reason to believe in the occurrence of so many fatal accidents at this spot, 
as the number of heads must in such case attest ; secondly, that the sculptures on 
these rocks are disposed with no solemnity or order, but are scattered in the most 
careless manner ; and, thirdly, that it is highly probable that they were the work 
of idle hours spent among these rocks, at a place so favourable for fishing as the 
foot of a cataract, and therefore so much a place of resort. 

" In this view, the sculptured rocks at the Great Falls will be a monument only 
of this, the ancient existence of a neighbouring population, and the ancient fiA 
eries pursued here; while the Writing Rock, also found in a situation favouraVile 
for fishing, will be regarded, from the variety which it contains, and the appa- 
rent combinations and relations of parts which it betrays, as an elaborate monu- 
ment of some transaction of which no other trace remains to elucidate this imper- 
fect iconography."— iii. 206, 206, 207, 209-213. 



1723 1800.] PROBABLE 0EIG12f OF THE SCULPTURES. 591 

Falls. Iconographic skill may detect the meaning of these 
configurations. The impression, which one unused to the 
study of hieroglypliics receives from an examination of them, 
is that they are the work of the Indians, and that they were 
carved by them merely for amusement, while watching at this 
sjpot for game, or while resting after the toils of the chase.* 
Such are the most important memorials of the Indians which 

* " On "West River, a little above its mouth, are a few Indian sculptures, the 
last that I shall have to introduce to the reader's notice. ' A number of figures 
or inscriptions are yet to be seen upon the rocks at the mouth of this river, seem- 
ing to allude to the affairs of war among the Indians ; but their rudeness and 
awkwardness denote that the formers of them were at a great remove from the 
knowledge of any alphabet.' By this account, written by a native topographer, 
and derived from a History of Vermont, my curiosity was long raised ; but, iipon 
visiting the rock intended to be referred to, I found only the most insignificant 
of all the Indian sculptures that I had met with. The historian. Dr. Williams, 
with whom I had afterwards the pleasure of conversing, and whose book disco- 
vers a spirit of inquiry, and contains many original views, informed me, that as 
to the sculptures on West River, he had rashly relied on the observations of other 
eyes than his own. 

" These sculptures comprise only five figures of a diminutive size, and scratched, 
rather than sculptured, on the surface of a small mass of schistic rock, situate on 
the side of a cove in a meadow, above the mouth of the river. Of the five figures 
four represent birds, and one is either that of a dog or of a wolf. I was informed 
that on a lower part of the rock adjacent, there was a sculptured snake, so exqui- 
sitely wrought as to have terrified, by its resemblance to nature, an honest coun- 
tryman of the neighbourhood. The water, however, was at this time low, and 
neither myself, nor the gentleman who did me the favour to accompany me, was 
able to discover any snake ; and, on closer inquiry, no sort of foimdation could 
be found even for the story itself. 

" The West River rock affords us, therefore, nothing, or next to nothing, in any 
view save one ; and this is, the example of a disposition in the Indians to sculp- 
ture rocks, and to sculpture them even for amusement. The cove, which, it may 
be believed, was anciently overrun with wild rice (zizania aquatica), has always 
been a celebrated resort of wild ducks. It is at this day a favourite place for 
shooting them ; and we may believe that the Indians were accustomed to spend 
many hours here watching either for water-fowl or for fish. Hence, the sculp- 
tures, both at the Great Falls and on West River, are to be attributed to the 
whim of vacant moments." — Kendall's Travels, iii. 219, 220, 221. 

In the work from which the above extracts are taken, Mr. Kendall gives a 
very particular description of certain figures, said to be cut by the Indians on the 
trunk of a pine tree in Weathersfield. These carvings, according to Mr. Kendall 
were designed to commemorate the birth of a child, whose mother was taken 
prisoner at the burning of Deerfield in the year 1704. The foundation of this 
incorrect statement is, doubtless, the stones still standing on the north bank of 
Knapp's brook, in the town of Reading, which were erected to commemorate the 
birth of Captive Johnson, which event took place on the 31st of August, 1754. 
All inquiries concerning this monumental tree have proved fruitless. The oldest 
inhabitants of Weathersfield have never known of its existence. It is probable, 
therefore, that Mr. Kendall's accurate description of the appearance and form of 



592 HISTORY OF EASTERN VERMONT. [1723 ISOO. 

are to be found in Eastern Vermont. Regarded as siJecimens 
of tlie rude and uncultivated attempts of a now decaying race 
to express their ideas, however unimportant those ideas may 
have been, they cannot but be viewed with mingled emotions 
of curiosity and respect. 

the carvings with which he has adorned it, was due either to an imposition prac- 
tised upon him, or to his fondness for mythical conceptions. — Kendall's Travels, 
iii 207-210, 212. Also ante, pp. 65, 66. 



BIOGEAPHICAL CHAPTER 



STEPHEN EOW BRADLEY, 




The brothers Bradley, six or seven in number, came to this 
country from En.ccland about the year 1G50, having j^reyiously 
served amona Crounveirs Ircusides, in which corps William 



694 HISTORY OF EASTERN VERMONT. 

Bradley, the first settler of Xortli Haven, Connecticut, and one 
of tlie brothers, was an ofiicer."'* Stephen Bradley, another of 
the brothers, became a resident of Xew Haven, where he labored 
at his calling, which was that of a silversmith. On the beha- 
vior of the Protector's troops when disbanded, Macaulay has 
passed the highest encomium. " Fifty thousand men, accustomed 
to the profession of arms, were at once thrown on the world : 
and experience seemed to warrant the belief that this change 
would produce much misery and crime, that the discharged 
veterans would be seen begging in every street, or that they 
would be driven by hunger to pillage. But no such result fol- 
lowed. In a few months there remained not a trace indicating 
that the most formidable army in the world had just been 
absorbed into the mass of the community. The loyalists them- 
selves confessed that, in every department of honest industry, 
the discarded warriors prospered beyond other men, that none 
was charged with any theft or robbery, that none was heard to 
ask an alms, and that, if a baker, a mason, or a waggoner attract- 
ed notice by his diligence and sobriety, he was in all probability 
one of Oliver's old soldiers." Wholly consonant with this de- 
scription of the scarred and war-worn veterans of the Protectorate 
was the conduct of the Bradleys. 

Moses Bradley of Cheshire, Connecticut, the second son of 
Stephen, married Mary Row, only daughter and heiress of 
Daniel Row of Mount Carmel, now Hamden. Their son, 
Stephen Row Bradley ,f the subject of this notice, was born in 
that part of "VYallingford which is now comprised in the toM-n 
of Cheshire, on the 20tli of February, 1T54. Having entered 
Yale College, he was graduated at that institution a Bachelor 
of Arts on the 25th of July, 1775. Three years later, on the 9th 
of September, 1778, he received from his Alma Mater the 
degree of M. A. Of his early tastes, some idea may be formed 
from the fact, that, while a stndent in college, he prepared an 
almanac for the year 1775, an edition of which, numbering two 

* " The first settler in North Haven appears to have been William Bradley, ^vho 
had been an officer in Cromwell's army. He lived here soon after the year 1650, 
on the land belonging to Governor Eaton, who owned a large tract on the west 
side of the [Wallingford or Quinnipiac] river." — Barber's Conn. Hist. Coll., p. 2-11. 

■(• Whenever Mr. Bradley wrote his name at full length, which was but seldom, 
he, until past middle life, put it down "Stephen Row Bradley." It was so spelt 
in the record of his baptism in Wallingford, and also on the title-page of an alma- 
nac which he published in 1775. " Rowe " and "Roe" are the other forms in 
which the middle name sometimes appears. 



STEPHEN KOW BRADLEY. 595 

tliousand copies, was published by Ebenezer Watson of Hartford, 
printer, on the 1st of November, 1774. 

Soon after graduating he entered the American service, and 
as early as the ith of January, 1776, was captain of a company 
called the " Cheshire Volunteers." During that month he was 
ordered to march his men to New York, and his pay rolls, which 
were presented to Congress on the 26th of June, 1776, show 
that he and his company were employed in the continental ser- 
vice from January 25th to February 25th of that year. It 
would appear that he soon after relinquished the captaincy of 
this company. On the 17th of December, 17Y6, with the rank 
of adjutant, he was appointed to the stations of vendue master 
and quarter master. He afterwards served as aid-de-camp to 
General David Wooster, and was engaged in that capacity 
when that noble officer fell mortally wounded on the 27th of 
April, 1777, during the attack on Danbury. In 1778 Bradley 
was employed as a commissary, and during the summer of 1779 
served as a major at New Haven. The time which he could 
spare from military avocations was occupied in more peaceful 
pursuits. It appears from a letter written by Kichard Sill, 
dated January 27th, 1778, that Bradley was at that time teach- 
ing a school at Cheshire. His law studies, in the meantime, 
were directed by Tapping Reeve, afterwards the founder of the 
Litchfield law school. The precise date of his removal to Ver- 
mont is not known. It is probable that even after his removal 
he not unfrequeutly visited Connecticut, until he resigned his 
place in the militia of that state. 

His first appearance in public, in Vermont, was at an ad- 
journed session of the Superior court, held at Westminster on the 
26th of May, 1779. On this occasion he was commissioned as an 
attorney-at-law, and received a license to plead at the bar within 
that " independent " state. At the same time he was appoint- 
ed clerk of the court. His knowledge of the law and the ability 
which he displayed in the practice of his profession, raised him 
at onde to a high position in the estimation of the community. 
On the 16th of June, 1780, he was made state's attorney for the 
county of Cumberland. At this period the controversy respect- 
ing the title of the New Hampshire Grants was attracting the 
attention, not only of the states which laid claim to that district, 
but of Congress. " Having popular manners, and a keen in- 
sight into society, he became a prominent political leader, and 
exercised a large influence in laying the foundation of the state 



596 mSTORT OF eastern VERMONT. 

of Vermont, then the Texas of this country. Ethan Allen, Ira 
Allen, Seth "Warner, and Thomas Chittenden, all from Connec- 
ticut, being the Austins and Houstons of its early history." On 
the 24th of September, 1779, Congress, by an act, resolved to 
adjudicate upon the claims of Massachusetts Bay, New Hamp- 
shire, and New York, on the 1st of February, 1780. To Mr. 
Bradley was assigned the task of presenting, for the considera- 
tion of Congress, the views held by Yermont on this important 
question. 

"With but little knowledge, at the time, of the extent of the 
subject, the young lawyer commenced his investigations, and 
in less than two months, had completed a faithful and well- 
written account of the state of the controversy. Tliis was read 
before the Council of Yermont, at Arlington, on the 10th of 
December, 1779, and, having been approved of by them, was 
ordered to be published. It appeared early in the year 1780, 
under the title of " Vermont's Appeal to the Candid and 
Impartial "World," and aided essentially in supjDorting the 
claims of Yermont to a separate and independent government. 
It was written with vigor, and did not want those flowers of 
rhetoric which adorn, and, not unfrequently, strengthen argu- 
ment. Few copies of this production are now extant, but 
among those pamphlets written at this period upon the contro- 
versy, " Vermont's Appeal" stands pre-eminent, not only on 
account of the force with which it is composed, but also by 
reason of the manner in which the topics of which it treats are 
presented. It was laid before Congress early in February, 
1780, by its author, who had been previously selected to advo- 
cate the claims of Yermont at Philadelphia. Copies of the 
pubUcation were also presented to many of the members, but 
no opportunity was granted to Mr. Bradley to appear in person 
before a committee of Congress, in consequence of the post- 
ponement of the consideration of the controversy question. In 
the month of September following, Mr. Bradley again visited 
Philadelphia, as a commissioner in behalf of Yermont. At the 
end of two weeks, he and his colleague, Ira Allen, became con- 
vinced that Congress were determined to decide upon the con- 
troversy without considering Yermont as a party, and deemed 
it their duty to withdraw. Before leaving, they presented a 
remonstrance to Congress, dated the 22d of September, 1780, 
in which they set forth their views with reference to the course 
which had been adopted towards Yermont, and deprecated the 



APPOINTED TO VARIOUS OFFICES. 697 

policy whicli would divide that state between New Hampshire 
and New York, or annex it to the latter. 

Owing to his thorough acquaintance with the views enter- 
tained by a majority of the peoj^le of Vermont, on the merits 
of the controversy question, the counsels of Mr. Bradley were 
highly esteemed and readily followed, on all occasions. An 
examination of his papers aifords conclusive evidence, that at 
this period, and for many years after, he was, in many respects, 
the ablest man in the state. Nor did his quahfications for mili- 
tary service escape the observation of the citizens of his adopted 
state. By commission, dated August 27th, 1781, he was ap- 
pointed a lieutenant in the first regiment of the Yermont militia, 
and on the 15th of October, in the same year, was raised to the 
rank of colonel. During the troubles which disturbed the 
peace of the southern part of Windham county. Colonel Brad- 
ley was indefatigable in his endeavors to restore order, and sel- 
dom failed to accomplish his purpose. The resignation of his 
colonelcy was accepted on the 2d of March, 1787, and for four 
years he does not appear to have engaged at all in military 
avocations. A curious letter, written to him by William Page, 
of Charlestown, New Hampshire, dated May 1st, 1789, is still 
preserved, in which some allusions are made to the measures 
which were adoj)ted to subdue the supporters of New York 
residing at Guilford, and in that neighborhood. " You doubt- 
less remember," the writer observed, " of once calling on me 
for a sword. You then was in pursuit of honor and cash. I 
think you desired to cut, slay, and destroy the Yorkers. Hav- 
ing accomplished all this, and having not only changed your 
manner and mode of attack, but your weapon also, you will 
please send to me the sword by the bearer, for, as all other 
weapons fail me, it is time to take the sword." The military- 
career of Colonel Bradley did not, liowever, end here, for he 
was appointed brigadier general of the eighth brigade of the 
militia of the state, by a commission dated January 26tli, 1791. 

Of the offices held by Mr. Bradley, the following list embraces 
a partial account. In 1782, he was a select man of Westmin- 
ster, and served as clerk of tliat town from October 6th, 1787, 
to October 9th, 1788. He was register of probate for Windham 
county from December, 1781, to March, 1791, and, on the 21st 
of February, 1783, was appointed a judge of the court of the 
county, in the place of Samuel Fletcher, who had refused to 
serve. From October, 1788, to October, 1789, he sat as a side- 



598 HISTORY OF EASTERN VERMONT. 

judge in the Supreme court of the state, and was admitted to 
practice in the Circuit court of the United States on the 12th 
of May, 1793. He represented the town of Westminster in the 
Assembly of the state, at the sessions in 1780, 1781, 178-1, 1785, 
1788, 1790, and 1800, and was elected speaker of the House at 
the session in 1785. He was a member of the state constitu- 
tional convention in 1791, and was elected to the Council in 
September, 1798. When, in the year 1789, it became evident 
that Vermont would soon be admitted into the Union as a sepa- 
rate state, commissioners were appointed on the 23d of October, 
for the purpose of ascertaining and establishing the line between 
^ew York and Vermont. Of the number was Mr. Bradley. 
In addition to the civil and military appointments with which 
he was honored, he also received marks of esteem from Dart- 
mouth and Middlebury colleges. The honorary degrees of 
M.A. and LL.D. were conferred upon him by the former insti- 
tution. He was appointed a fellow of Middlebury college in 
the act incorporating that seminary of learning, passed on the 
1st of November, 1800, and held that position until the time 
of his death. 

After the completion of the Federal Union by the admission 
of Vermont in 1791, Moses Robinson and Stephen R. Bradley 
were, on the 17th of October, in that year, chosen the first 
United States senators from that state. The former took his 
seat on the 31st of the same month ; the latter on the 7th of 
November following. On drawing lots for the purpose of de- 
termining to which of the three classes each belonged, Mr. 
Bradley drew first, and fell to " the class whose seats would 
be vacated at the expiration of four years from March, 1791." 
Mr. Robinson drew the longest term, and, of course, fell to the 
class whose seats were to be vacated in six years from March, 
1791. Elijah Paine was chosen to succeed Mr. Bradley in 
1795. At the expiration of Mr. Paine's term in 1801, he was 
elected for another six years, but having declined the position, 
Mr. Bradley was elected to fill the vacancy, which was a term 
of six years from the Irtli of March, 1801. During the greater 
part of the session of 1802-3, he filled with dignity the position 
of president, j9w tevirpore^ of the Senate. On the 4th of March, 
1807, he commenced another term of six years as senator, and 
in 1808 was again elected temporary president of the distin- 
guished body to which he belonged. 

In politics, Mr, Bradley was a Republican of the school of 



HIS POLITICS. 599 

Jefferson, from whom lie received many marks of personal 
esteem. Desirous of securing a democratic succession in the 
presidency of the United States, Mr. Bradley endeavored to 
consummate the nomination of Madison at the close of Jeffer- 
son's second term. For this purpose, he issued a call for a cau- 
cus, of which the following is a copy : — 

" Sir : 

" In pursuance of the powers vested in me, as president of 
the late convention of republican members of both houses of 
congress, I deem it expedient, for the purpose of nominating 
suitable and proper characters for president and vice-president 
of the United States at the next presidential election, to call a 
convention of said republican members, to meet at the senate- 
chamber on Saturday, the 23d inst., at six o'clock p.m., at 
which time and place your personal attendance is requested, to 
aid the meeting with your influence, information, and talents. 

" S. R. Bradley. 
" Dated at "Washington, 

" 19th January, 1808." 

This circular, so mandatory in style, was indignantly de- 
nounced by many, as a usurpation of power. A lai'ge portion 
of the members refused to attend, unwilling, as was remarked, 
" to countenance, by their presence, the midnight intrigties of 
any set of men who may arrogate to themselves the right 
(which belongs only to the people) of selecting proper persons 
to fill the important offices of president and vice-president." 
Tlie meeting was attended, however, by ninety-four members 
from both houses. Of this number, only one member was 
from the state of New York. Mr. Madison was nominated with 
apparent unanimity, though Mr. Monroe had been supported 
previous to the caucus by a strong party of men, among whom 
were some who were unfriendly to the policy of Jefferson. 

The war of 1812, which was, in the main, a democratic mea- 
sure, was not supported by all the members of that party. 
President Madison, it was supposed, was persuaded to engage 
in it, only in order to secure a second election. Randolph 
" openly and strenuously opposed it from the beginning to the 
end," and Mr. Bradley, who was at that time the ablest demo- 
cratic senator from New England, " earnestly counselled Madi- 
son against it." So dissatisfied did Mr. Bradley become with 



600 HISTORY OF EASTERN VERMONT. 

the national policy of this period, that, on the 4:tli of March, 
1813, at the close of his congressional labors, he withdrew alto- 
gether from public life, determined, since he was unable to 
prevent a needless war, not to continue in any position, where 
he would be subjected to the calumnies and odium of a majority 
from whom he dissented. 

In a previous chapter* may be found an account of a trial 
which took place at "Westminster, on the 27th of May, 17T9. 
On this occasion, Noah Smith filled the office of state's attorney, 
and Mr. Bradley acted as counsel for the defendants. Li the 
midst of the trial, Ethan Allen apj)eared in court, accoutred in 
military dress, as has been detailed in the account referred to. 
After Smith had finished his argument, in the course of which 
he had made several quotations from Blackstone's Commenta- 
ries, Allen, who thought that the state's attorney was manifest- 
ing too great leniency towards some of the prisoners, arose, and 
told the jury that, in the observations he was about to make, he 
should not deal in quibbles. Then, turning to Smith, he said : — 
" I would have the young gentleman to know, that with my 
logic and reasoning, from the eternal fitness of things, I can 
upset his blackstones, his whitestones, his gravestones, and his 
brimstones." Here he was interrupted by the chief-justice, 
Moses Eobinson, and was gravely informed that it was not 
allowable for him to appear in a civil court with his sword by 
his side. Upon this, Allen, nettled by the interruption, unslung 
his weapon, and bringing it down on the bar table with a force 
which made the house ring, exclaimed, 

" For fonns of government, let fools contest ; 
Whate'er is best administer'd, is best." 

Having delivered himself in this style, he was about to resume 
his remarks, when, observing that the judges were whispering 
together, he listened for a moment, and then cried out : — " I 
said that fools might contest for forms of government — not your 
Honours ! not your Honom-s ! " It is presumed that the apology 
was satisfactory, for Allen was permitted to finish his address, 
as previously narrated, after which the trial proceeded without 
further check. 

On retiring from pubhc life, Mr. Bradley returned to West- 
minster, where he resided until the year 1818. He then re- 

* See ante, pp. 342, 343. 



DESCRIPTIO:;^ OF lilS CHAEACTEE. 601 

moved to the neigliLoring village of Walpole, New Hampsliire, 
" where he lived in ease, independence, and honour, until he 
took his willing, and not painful deparature, with the cheerful 
expression of a mind at peace with itself, with the world, and 
with heaven." His death occurred on the evening of Thurs- 
day, December 9th, 1830. 

In his "Descriptive Sketch" of Yermont, published in 1797, 
Dr. John Andrew Graham has referred to Mr. Bradley, as he 
then knew him, in these words : — " Mr. Bradley is a lawyer of 
distinguished abilities, and a good orator. He has held some of 
the most important offices of the state, and was late a senator 
in Congress. Few men have more companionable talents, a 
greater share of social cheerfulness, a more inexhaustible flow 
of wit, or a larger portion of unaffected urbanity." Tlie Hon. 
S. G. Goodrich, known the world over as " Peter Parley," who, 
in the year 1818, married the daughter of Mr. Bradley, has, in 
his late work entitled " Kecollections of a Lifetime," noted 
some of the prominent characteristics of the influential sena- 
tor. " He was distinguished for political sagacity, a ready wit, 
boundless stores of anecdote, a large acquaintance with man- 
kind, and an extensive range of historical knowledge. His 
conversation was exceedingly attractive, being always illus- 
trated by pertinent anecdotes and apt historical references. His 
developments of the interior machinery of parties, during the 
times of Washington, Jefferson, and Madison ; his portraitures 
of the political leaders of these interesting eras in our history 
— all freely communicated at a period when he had retired 
from the active arena of politics, and now looked back upon 
them with the feelings of a philosopher — were in the highest 
degree interesting and instructive." 

His son, the Hon. William C. Bradley, who was born on the 
23d of March, 1782, still survives, at Westminster, in a green 
old age. He has filled many stations of honor in the service of 
his country, and while on the floor of Congress enjoyed, in a 
peculiar manner, the personal and political esteem of Henry 
Clay and other distinguished statesmen. The assistance which 
Mr. Bradley has on all occasions most cheerfully afforded, in 
the preparation of this work, has contributed materially to its 
correctness, and has enabled the author to present many facts 
which otherwise would have remained unrecorded.* 

* Macaulay's Hist. Eng., vol. i. chap. ii. Hollister'3 Hist. Conn., ii. 628. Bel- 



602 HISTORY OF EASTERN VERMONT. 



PAUL BRIGHAM. 




During the revolution- 
y^^A ' ^ ^ aiy war, this gentleman 

y^/ /^^t^v^^sz-*^^ served as a captain, and 

C^ was stationed, a part of 

the time, at Coventry, 
Coimecticut. After his removal to Vermont, he attained to the 
rank of a major-general of militia. He was highly respected 
by all who knew him, and discharged the duties of the various 
othces which he was called to fill to the satisfaction of his con- 
stituents and with honor to himself. Bj" the citizens of Norwich, 
the town in which he resided, he was esteemed for those traits 
of character which mark the just man and the kind neighbor. 
He was an assistant justice of the court of Windsor county from 
1783 to 1786, and from 1790 to 1795 ; and was chief justice of 
the same in 1801. He held the office of judge of probate in 
1800; and was high sheriif of the county from 1787 to 1789. 
He represented the inhabitants of Norwich in the General As- 
sembly during the sessions of 1783, 1786, and 1791 ; was a 
member of the Council from 1792 to 1796 ; and sat in the state 
constitutional conventions of 1793, 1814, and 1822 as the dele- 
scate from Norwich. Ha vino; been elected lieutenant-srovernor 
uf the state in 1796, he was from that time annually returned to 
the same office, the years 1813 and 1814 excepted, until 1820, 
when, " admonished by the infirmities of age," he refused longer 
to be a candidate for that station. AVhile serving in this capa- 
city, the gubernatorial chair was occupied at different times by 
Thomas Chittenden, Isaac Tichenor, Israel Smith, and Jonas 
Galusha. From Dartmouth college he received the honorary 
degree of M.A., in 1806. His death occurred at Norwich on 
the 15tli of July, 1824, in the 79th year of his age.* 

lows Falls Intelligencer, December 13th, 1S30. North Star, Danville, Vt, De- 
cember 28th, 1830. Triennial Catalogues of Yale, Dartmouth, and Middlebury 
colleges. Acts and Laws of Vt., 1800, pp. 36-40. Journals Am. Cong., ed. 1823, 
i. 388. Journals U. S. Senate, 1791, p. 25. Slade's Vt. State Papers, pp. 11-1, 116, 
122-126. Kendall's Travels, i. 1Y7. Deming's Catalogue of Vt. Officers, passim. 
Graham's Descriptive Sketch of Vt., pp. 110, 111. Goodrich's Recollections of a 
Lifetime, i. 448, 440; ii. 99, 100. Young's American Statesman, pp. 341,342. 
Various MSS. Documents, Letters, etc. 

* Tho7Tipson's Vt., Part IlL, p. 130. Williams's Hist. Vt., ed. 2d., i. 91, 92. 
Triennial Catalogue of Dart. Col. Deming's Catalogue of Vt. Officera, 2}<'tssim. 



603 



CKEAN BRUSH. 




The subject of this notice was born in Dublin, Ireland, about 
the year 1725, and was educated to the profession of the law. 
While at home, he bore some military commission, as the stvle 
of dress indicated bj his portrait — which is still extant, and 
which was painted before he removed to this country — evinces. 
Of his military rank, except that he was familiarly called " Colo- 
nel," and of the time and occasion of his service, nothing is 



604: HISTORY OF EASTERN VERMONT. 

known. At the age of thirty or thirty-one, he married a Miss 
Gushing, a resident of the city where he dwelt. By her he had 
one child, Elizaheth Martha, who was born probably in the year 
1758. The mother did not long survive the birth of her daughter, 
and Mr. Brush being left a widower, placed the little infant in 
the care of some of his relatives, and came to America a short 
time previous to, or during, the year 1762. Having settled in 
New York city, he there married Margaret Montuzan, a widow 
lady, and by her former marriage the mother of a daughter 
named Frances.* He early obtained employment in the office 
of the secretary of the province of New York, and for several 
years held the post of assistant under the deputy secretary, 
Goldsbrow Banyar. In the year 1764, on the 27th of January, 
he received from Lieut.-Gov. Cadwallader Golden a license to 
practise as an attorney at law, " in all his Majesty's Gourts of 
Record," within the province. It is probable that his law part- 
ner was John Kelly, an Irishman of ability and standing. Mr. 
Brush removed to Westminster during the year 1771, and on 
the 25th of February, 1772, was appointed clerk of Gumberland 
county,t vice John Ghandler, removed. He was made surro- 
gate of the county on the 14th of the following April, and at 
the same time, he and two others received a commission to ad- 
minister oaths to all officers, both civil and military, within their 
jurisdiction.:}: 

On becoming a resident of "Westminster, Mr. Brush was 
feasted by the inhabitants from house to house. The display 
which he affected in his dress, contrasted strongly with the 
simple garb of the villagers, and for some time pomp and pa- 

* There is a tradition that Brush was not legally married to his second wife. 
The story goes, that she, in her maiden days, had been much admired by Brush, 
■who had paid her his addresses, but without success. She married, in preference, 
a colonel in the British service, who was the father of her child Frances. He was 
killed in the old French war, or in some of the battles immediately subsequent to 
the year 1755. Tlie widow and the widower having met, they agreed to live 
together as husband and wife, and did so, but the connection was not lawfully 
established. Resort was had to this alliance in order that Mrs. Brush might be 
enabled to draw the pension due her as the widow of an officer, whicli right she 
forfeited in the event of a second marriage. 

f He resigned the clerkship on the 7th of March, 1774, and was succeeded by 
Samuel Gale, who married the daughter of Samuel Wells of Brattleborough. In 
the Connecticut Courant of April 10th, 1775, is the list of the members of the last 
Colonial Assembly of New York. The name of Brush is given with these re- 
marks : — " A native of Ireland, practising the law in Cumberland county, who 
sold the clerkship of the county to Judge Wells's son-in-law." 

\ This commission was renewed on the 18th of February, 1774. 



ELECTED ASSEMBLYMAN. 605 

rade availed to conceal the defects of character. But as vul- 
garity of mind became apparent, and novelty of appearance 
ceased to attract attention, Mr. Brush found, in spite of his 
boasted attainments as a man of large information, and his pre- 
tensions to gentility, that his only friends were a few high- 
toned and arrogant loyalists. Notwithstanding the prevalence 
of such sentiments as these in the minds of the people of West- 
minster, Mr. Brush wielded an extensive political influence in 
the county, on account of his intimate connection with many 
of the principal government officers. The house in which he 
lived was situated north of the meeting-house, and was the only 
building in the town whose four sides faced the cardinal points. 
It was originally built for the Kev. Mr. Goodell, supposed to be 
the first minister of the town. It was subsequently owned by 
a citizen of Walpole, ITew Hampshire, who sold it to Mr. 
Brush. In later years it became the residence of Dr. Elkanah 
Day. One of the reasons which induced Mr. Brush to settle in 
this quiet village, was the opportunity which was thereby 
afforded him, to sell his lands, which were scattered throughout 
the northern parts of 'New York and the interior portions of the 
New HamjDshire Grants, and included many broad acres along 
the banks of the Connecticut, in the town and neighborhood of 
"Westminster. He also hoped to rise in political distinction, an 
end which he could not accomplish among the learned and 
aristocratic in the more southern towns of New York. His 
business, on account of his knowledge of legal forms, was mul- 
tifarious, and to assist him in it, he kept a clerk, Abraham 
Mills by name, who, as far as disagreeable traits of character 
were concerned, was a copy in miniature of his master. 

In answer to a petition signed by the inhabitants of Cumber- 
land county, permission was given them by the Governor and 
Council of New York, to elect two representatives to the Gene- 
ral Assembly of that province. The order confirming this per- 
mission was promulged on the 23d of December, 1772, and at 
an election subsequently held, Samuel Wells of Brattleborough 
and Crean Brush of Westminster were returned as representa- 
tives. On the 2d of February, 1773, they presented their cre- 
dentials to the General Assembly, and were admitted to seats 
" at the table" of legislation. Brush although in a great mea- 
sure devoid of principle, possessed many of the qualifications 
essential to the character of a successful partizan politician, and 
he soon became noted for his advocacy of all ministerial mea- 



606 HISTORY OF EASTERN VERMONT. 

sures, and for his hatred of every attempt at reform. Fhiency 
of speech and a spirited style of oratory, enabled him to give 
expression to his opinions in a manner -which attracted atten- 
tion. By these means he obtained an influence, which he never 
failed to exert in behalf of his party. In the controversy be- 
tween New Hampshire and New York respecting the New 
Hampshire Grants, he evinced a deep interest, and was well 
prepared by knowledge obtained while in the office of the se- 
cretary of state to present the question in an accurate and reli- 
able form. 

In answer to a petition from Col. John Maunsell and others, 
"interested in lands to the westward of Connecticut river," 
praying that the General Assembly would adopt measures to 
prevent " the success of the solicitations and interposition of 
the government of New Hampshire, in prejudice of the ancient 
limits" of New York, the House on the 17th of February, 
1Y73, having resolved itself into a " grand committee on griev- 
ances," declared that the eastern limits of the colony, both by 
the royal grants to the Duke of York and by the orders in 
privy council of July 20th, 1764, were the western banks of 
Connecticut river. For the purpose of presenting the subject 
in a tangible form, they appointed Col. Philip Schuyler, John 
De Noyellis, and Crean Brush a committee to draft a represen- 
tation of the rights of the colony of New York to the lands in 
question. This representation, when agreed to by the House, 
was to be transmitted to the agent of the colony, to enable him 
to maintain the claim at the court of Great Britain. On Satur- 
day, the 6th of March following, Mr. Brush gave in the report 
of the committee, which was adopted on Monday the 8th, and 
entered on the journals. It was entitled " A state of the right 
of the colony of New York, with respect to its eastern bound- 
ary on Connecticut river, so far as concerns the late encroach- 
ments under the government of New Hampshire." 

This document was subsequently printed in the form of a 
folio pamphlet, and, with others of a similar character, was 
placed in the hands of all the leading men engaged in the con- 
troversy. It was prepared mainly by the Hon. James Duane, 
and presented an able argument in support of the rights of 
New York. Although it liad been hoped that the reasons 
brought forward in the representation would have a tendency 
to restrain the people residing on the " Grants," who favored 
the jurisdiction of New Hampshire, from indulging in acts of 



BKUSu's INFLUENCE. 60Y 

violence against the settlers under New York, yet evils of this 
nature seemed rather to increase than diminish. On the 1st 
of February, 1774:, Benjamin Hough, a magistrate by appoint- 
ment from jS'ew York, presented a petition to the General As- 
sembly of the province, asking, in behalf of himself and others, 
to be protected from the " outrageous cruelty " of the " Ben- 
nington mob." The subject was considered in " the grand 
committee on grievances," and a report therefrom was pre- 
sented to the House on the 5th, by Mr. Brush, in behalf of the 
chairman, Mr. Clinton, recommending that body to request the 
Governor to issue his proclamation, offering a reward of £50 
each for the apprehension of Ethan Allen and seven of his 
compatriots, and counselling the House to bring in a bill to 
suppress " riotous and disorderly proceedings." Mr. Brush and 
Colonel Ten Broeck were appointed to prepare the bill, and on 
the 9th the result of their labors M-as laid before the house, and 
was soon after passed into a law. The Governor's proclamation 
was issued on the 9tli of March, and a reward of £100 each 
was offered for the apprehension of Ethan Allen and Remember 
Baker, and of £50 each for the apprehension of six of the other 
ringleaders. 

The influence which Mr Brush possessed in the House was 
neither feeble nor unfrequently exercised. On the night of the 
29th of December, 1773, the mansion of Governor Try on was 
destroyed by fire. This calamity was referred to by the Go- 
vernor, in his speech to the Assembly, on the 12th of Januaiy, 
1771:. A few days later a motion was offered by Mr. Brush, 
in these words : " I move that the House do resolve, that 
there be allowed unto his Excellency the Governor, the sum of 
£5,000, as a token of the deep concern of this House for the 
damage he sustained by the late dreadful fire, towards a com- 
pensation, in some measure, of his great losses ; and as a pub- 
lic testimonial of that high respect and esteem they bear to his 
person and family." This proposition elicited much debate, 
and, though strenuously opposed, was passed by a majority of 
two, fourteen members voting for and twelve against it. Soon 
after these occurrences, the Governor made known his inten- 
tion of departing for England. The announcement was pub- 
lished to the house on the 8tli of March, and Messrs. AYilkins^ 
Jauncey, and Brush were appointed to draft an address to his 
Excellency, " expressing the high sense they entertain of the 
great and extensive benefit derived to the colony from the up- 



608 HISTORY OF EASTERN VERMONT. 

rig'litness, justice, and impartiality of bis administration; the 
deep concern tliey feel on his departure ; their ardent desire of 
his speedy return ; their affectionate wishes for the welfare and 
happiness of his Excellency and his family ; and their firm 
reliance that he will represent to their most gracious Sove- 
reign, the unshaken loyalty of this his faithful colony, and their 
steady and zealous attachment to his sacred person and govern- 
ment." With true Ii'ish spirit, Mr. Brush in the address which 
he drew, embodied in the most fulsome language the ideas 
contained in the above resolution, and on the 20th of March 
the eulogistic document was placed in the hands of the man who 
afterwards became notorious, as the sacker of peaceful villages, 
and the murderer of unoffending women and helpless children. 
Bitterly opposed to every measure designed to introduce a 
more faithful administration of the government, Mr. Brush now 
directed his efforts to stem the torrent which was soon to break 
down the barriers of tyrannical oppression. On the 23d of 
February, 1775, he delivered a set-speech against the j^roposi- 
tion of Mr. Thomas, to elect delegates to the second Continen- 
tal Congress. Being charged "with using expressions Avhich 
threw indecent reflections both on the conduct of the gentle- 
men of the opposition and on the proceedings of the last Con- 
gress," Mr. Brush caused his speech to be printed and pub- 
Hshed, that the public might be able to form an opinion as to 
the justice of the charges. He was answered by Messrs. Clin- 
ton and Schuyler, who, with Colonel WoodhuU, were the lead- 
ing patriots in the house. The debate was significant of the 
spirit of the times, and served to show how widely at variance 
were the opinions of those who, as representatives of the peo- 
ple, were assembled to legislate for the welfare of the colony. 
On the same day, Mr. Brush presented the report of the com- 
mittee, who, in pursuance of Mr. De Lancey's motion, made on 
the 31st of January, had been appointed " to prepare a state 
of the grievances" of the colony. On the 9th of March, he 
was chosen, with Colonel Seaman and Mr. Gale, to prepare the 
draft of a memorial to the House of Lords. The report, which 
he presented on the 16th, as chairman of the committee, was 
subjected to many alterations and amendments. With the 
other memorials which had been prei)ared for the King and 
the Commons, it was adopted on the 25th. Tliese addresses 
were in every respect, " tame, ridiculous, and very loyal," but 
the House was ruled by a Tory majority, who strove in every 



RETIREMENT FROM LEGISLATIVE OFFICE. G09 

way to adopt sncli measures, as would be most likely to ad- 
vance the interests of their own party, and it was by their 
votes that every vigorous effort of the minority was emascu- 
lated, and made to do service in behalf of oppression. 

Mr. Brush's name appears with prominence on one other 
occasion, in the records of the Colonial Assembly. As soon as 
the news of the " Westminster Massacre " reached New York, the 
messengers who had brought the information were examined, 
and their depositions were laid before Lieut.-Gov. Golden. His 
message, delivered on the 23d of March, recommended imme- 
diate action. The subject was brought up for consideration on 
the 30th. Ever ready to gain power by a bold act, Mr. Brush 
moved that the sum of £1,000 be " granted to his Majesty to 
be applied to enable the inhabitants of the county of Cumber- 
land to reinstate and maintain the due administration of justice 
in the said county, and for the suppression of riots therein." 
The motion prevailed in this form, and the treasurer of the 
colony was ordered to disburse the amount named, on warrants 
issued by the proper authorities. With the adjournment of 
the Assembly on the 3d of April, ended Mr. Brush's career as 
a legislator. His ability as an orator was acknowledged even 
by his foes, and his speeches were generally prepared with care 
and skill. As a writer, he is referred to in Trumbull's MacFin- 
gal, in the following verees : — 

" Had I the Poet's brazen lungs. 
As sound-board to his hundred tongues, 
I could not half the scribblers muster 
That swarmed round Rivington in cluster ; 
Assemblies, councilmen, forsooth ; 
Brush, Cooper, Wilkins, Chandler, Booth ; 
Yet aU their arguments and sap'ence 
You did not value at three half-pence."* 

During the summer which followed the commencement of 
hostilities in the colonies, Mr. Brush probably remained in the 
city of New York, working as best he might for the good of the 
King. In the fall he repaired to Boston, then occupied by the 
British, and offered his services to General Gage. These were 
accepted, and he was soon after engaged in an employment 
which gave him a temporary power, which he did not fail to 

* American Archives, Fourth Series, vol. i. cols. 12S8, 1290-1294, 1303, 130Y, 
1316-1318, 1322. Journals Col. Ass. K Y. Doe. Hist. K Y., iv. 1025. Dun- 
lap's N. Y., L 450, 451. Trumbull's MacFingal, Boston ed.. 1799, canto i. p. 28. 

89 ^ 



610 HISTORY OF EASTERN VERMONT. 

exercise. General Gage, tliough lie favored the occupation of 
New York, " regarded the evacuation of Boston as a measure of 
too much danger, and difficulty, and importance," to be taken 
without the sanction of government. Having determined to 
winter his army in the latter place, he, in the last of September, 
1775, " commenced preparations to quarter it in the houses of 
the inhabitants." " In consequence of this determination, it was 
necessary to remove the furniture from the buildings that would 
be required." This business was entrusted to Crean Brush, who 
was armed with a commission vesting him with authority 
to receive and protect such personal property as should be en- 
trusted to his care.* 

The issue of this commission was one of the last official acts 
of General Gage in Boston. Already had he received orders to 
repair to England. In obedience to these orders he sailed on 
the 10th of October, and on the same day General Howe suc- 

* The following is a copy of the commission referred to in the text : 
"By His Excellency The Honorable Thomas Gage, Captain-General and Gover- 
nor-in-Chief in and over His Majesty's Province of Massachusetts Bay, and 
Vice-Admiral of the same. General and Commander-in-Chief of all His Majes- 
ty's Forces in North America, «fec., <fec., <fec. 

"To Crean Brush, Esquire: — 

"Whereas, there are large quantities of Goods, Wares, and Merchandize, Chat- 
ties and Effects of considerable value left in the Town of Boston by Persons who 
have thought proper to depart therefrom, which are lodged in dwelling 
Houses, and in Shops and Storehouses adjoining to or maldng part of Dwelling 
Houses : 

"And Whereas, there is great reason to apprehend, and the Inhabitants have 
expressed some fears concerning the safety of such goods, especially as great part 
of the Houses will necessarily be Occupied by His Majesty's Troops and the fol- 
lowers of the Army, as Barracks during the Winter Season; To quiet the fears 
of the Inhabitants, and more especially to take all due care for the preservation 
of such Goods, Wares, and Merchandize : I have thought fit and do hereby Autho- 
rize and appoint you the said Crean Brush to take and receive into your Care, all 
such Goods, Chatties, and Efi^ects as may be voluntarily delivered into your 
Charge by the owners of such Goods, or the Person or Persons whose care they 
may be left in, on your giving Receipts for the same ; and you are to take all due 
care thereof, and to deliver said Goods, when called upon, to those to whom you 
shall have given Receipts for the same. For all which Services you are to Receive 
Ten Shillings Sterling per Day. Given under my Hand and Seal at Head-Quar- 
ters in Boston the First day of October, One Thousand Seven Hundred and Seventy 
Five, in the Fifteenth Year of the Reign of Our Sovereign Lord George the Third, 
by the Grace of God, of Great Britain, France, and Ireland King ; Defender of 
the Faith, and so fortli. Thos. Gage. 

" By his Excellency's Command, 

" Sam. Kemble." 



MEMORIAL TO GOVERNOR GAGE. 611 

ceeded him in the command of the troops. Meantime, Brush, 
although busied among the 

" parritch-pats and auld saut-backets" 

which the good wives of Boston had left behind them, still found 
time to evince his loyalty in other ways. He, in common with 
the army of General Howe, felt secure in his present position, 
and was almost certain of the ultimate success of the British 
forces. Owing in part to this confidence, and in part to a desire 
of reducing the inhabitants of the New Hampshire Grants to 
submission, in which district he owned several thousand acres 
of land, he drew up a memorial in which he ofiered his services 
to raise a body of men to be employed in the service of the 
King. This memorial was found among his papers, when a few 
months later he was taken prisoner. It was addressed to Gene- 
ral Gage. Tlie intention of its author, doubtless, was to trans- 
mit it to England, trusting to Gage's influence with the Ministry 
for a favorable answer to the propositions therein advanced. 
The supposition that it ever reached the eyes of him for whom 
it was intended is baseless. As to the memorialist, the designs 
by which he had hoped to advance the interests of the Crown, 
and gratify his own avarice and ambition, were defeated by a 
change in his own circumstances which was as humiliating as 
it was unexpected.* 

* For the purpose of showing the loyalty of Mr. Brush's disposition, a copy of 
the memorial is here annexed: — 

*' To His Excellency The Honorable Thomas Gage, Lieutenant-General of His 
Majesty's Forces, &e., <fec., &c. 

" The memorial of Crean Brush of the 
Province of New York, Esquire, 
" Most Respectfully sheweth — 

" That your Memorialist hath in several Civil De 
partments zealously exerted himself in supporting the Constitution and Authority 
of Pai'liament over all His Majesty's Dominions, but the unwearied assiduity of 
an artful, ambitious Confederacy having prevailed, and the People pursuing the 
Arbitrary Dictates of such Confederates — having shook oflf their allegiance to the 
best of Kings, and thoir Obedience to Lawful Authoi-ity, with Ingratitude unparal- 
leled burst forth into open Rebellion, making their final Appeal to Arms and rest 
their Fate on the decision of the Sword alone, whereby every Bond of Society is 
Dissolved, and all Persons precluded from supporting His Majesty's Government 
in a Civil Capacity. 

" Your Memorialist, therefore, to Manifest his Zeal for His Majesty's Person and 
Government, in the present Kxigenee, begs leave to propose to your Excellency 
that he will forthwith, upon being duly authorized, raise a Body of Volunteers, 



612 HISTOKY OF EASTERN TEEMONT. 

By the 5th of February, 1776, Mr. Brush had received into 
his custody a large amount of goods, M^ares, and merchandize. 
General Howe, although he had resolved to evacuate Boston, 
was determined to wait " until he had additional transports and 
sufficient provisions for a long voyage ; and also, until a favor- 
consisting of not less than three Hundred effective Men, exclusive of Officers, One 
Hundred and fifty of whom to be formed into an Independent Company under 
hia Command, and the residue to be disposed of at the pleasure of the Command- 
er-in-Chief, the whole to serve in Conjunction with His Majesty's other Forces, 
during tlie continuance of the present Rebellion, upon the same pay, and Royal 
Bounty, as granted to the new rais'd Royal Fencible American Regiment, and 
this Proposal your Memorialist flatters himself with a certainty of effecting from 
his Connections and Friends among the well-disposed Inhabitants. And after the 
Subduction of the Main Body of Rebel Force, your Memorialist would further 
humbly propose, that an establishment of three Hundred Men, including such of 
the three Hundred Men so to be raised by him as may then remain, exclusive of 
Officers, might be farmed into one Body under his Command to occupy proper 
Posts on Connecticut River, and open a Line of communication from thence West- 
ward towards Lake Champlain, to continue on that Station so long as the Com- 
mander-in-Chief of Ilis Majesty's Forces shall judge expedient, and then to be 
Rediiced. And your Memorialist's intimate Knowledge of that Frontier enables 
him to assure your Excellency that such an Establishment in that Country (far 
remote as it is from the Seat and Aid of Government) will become absolutely 
necessary for the purpose of reducing to Obedience, and bringing to Justice, a 
dangerous Gang of Lawless Banditti, who, without the least pretext of Title, have, 
by Violence, possessed themselves of a large Tract of Interior Territory, between 
Connecticut River on the East, and the Waters of Hudson's River and Lake 
Champlain on the West, in open defiance of Government, holding themselves 
ameniable to no Law, but confiding in their own strength, have for many Years 
committed the most unheard of Cruelties, and spread Terror and Destruction 
around them, without Fear of Punishment or possibility of Control, as well as to 
form a proper Defence (in conjunction with the well-disposed Inhabitants) against 
such discomfited Rebels as fleeing from the Main Body of His Majesty's Forces, 
will have no other Refuge t-o seek than this Interior defenceless Country, and who, 
forming themselves into Armed Bands, will Associate with the Needy and Disso- 
lute, and without Remorse, destroy all distinction of Property founded on Law, or 
Subject it to their depredation. The Restoration and Protection of Courts of Jus- 
tice, and of the Civil Magistrate in the due Execution of his Office, on which is 
dependant the whole Security and Happiness of the Subject, forms the great ulti- 
mate end of the proposed arrangement. 

"Your Memorialist therefore Humbly Prays your Excellency will 
take the Premises into Consideration, and if the Measure pro- 
posed is favored with your Approbation that you will be pleased 
to lay the same before His Majesty's ilinisters of State with your 
Excellency's opinion thereon. 

" And Your Memorialist wLU I Yay. 
"Boston, 10th January, 1116." 

Frothinghara's Siege of Boston, pp. 246, 247, 249, 294, 295. MSS. entitled 
"Revolution Messages," etc., which include a number of papers relative to Brush, 
in office Sec. State MadS., 1775-1783, pp. 297-319. 



REMOVAL OF PROPERTY FROM BOSTON. 613 

able season should arrive." Under these circumstances, Mr. 
Brush, anxious to be directed as to the disposal of the property 
in his possession, made application to General Howe, to Briga- 
dier-General James Kobertson, to the Quarter-Master General, 
and to the Adjutant-General for advice. Kobertson alone 
deigned to attend to the subject. At his request, Mr. Brush 
engaged Charles Blasquet, Kichard Hill, John HiU, and David 
Cunningham, " under high wages," to devote " their whole time 
and attention " to the business of packing and casing the goods 
he had collected, and of conveying them on board the brigan- 
tine Elizabeth, then lying in the harbor at Clark's wharf. This 
vessel belonged to Eichard Hart of Portsmouth, New Hamp- 
shire, and had been pm-chased as a transport* In the confusion 
incident to the situation of the town, carts and boats could be 
procured only with the greatest difficulty. Mr. Brush and his 
aids were, on this account, compelled to ship their goods by 
such conveyances as chance afforded, and as the brigantine was 
at that time in the charge of three persons only, two of whom 
were boys, and all inexperienced, the packages, which were but 
poorly put together, were worse bestowed. 

At this juncture, Cyrus Baldwin, a Boston merchant who had 
left town through fear of the British, and had retired to "Woburn, 
wi'ote to William Jackson and his brother who still remained in 
Boston, begging them to receive from him a power of attorney, 
and take the charge of his effects. "With this request they com- 
plied, and soon after received from him through his clerk, Mr. 
Shaw, the keys of his store. At the same time, Shaw removed 
to the store of the Jacksons a portion of his employer's goods for 
safer keeping. As it became more and more apparent that the 
British would be compelled to evacuate Boston earlier than they 
had intended, their conduct became more and more insolent. 
Early in the month of March, a number of Tories who had taken 
possession of the house of one Mr. Marsh, which adjoined Bald- 
win's, came out by the scuttle and broke open Baldwin's house 
through the roof. This act was performed in the dead of night. 
On the following morning William Jackson, having received 
information of what had happened, went to Baldwin's house, and 
upon examination discovered that, although some damage had 
been done, yet that several packages of goods which had been 
stored there, were untouched. He then remonstrated with 

* " This vessel was purchased by William Jackson at the Brazen Head." Edes's 
Boston Gazette, Monday, April 8, 1776. Connecticut Courant, April 15, 1776. 



614 HISTORY OF EASTERN VERMONT. 

those who had been guilty of this burglary, on the " iniquity of 
such doings," but without much effect. On the 9th of March, 
which was Saturday, as he was approaching his storehouse, he 
found Mr. Brush and a number of his attendants in front of 
Baldwin's place of business, the next to his own. Brush imme- 
diately demanded of him the keys of Baldwin's storehouse ; de- 
clared that he had authority to seize his and other people's 
goods ; pronounced Baldwin a rebel ; and vowed to break the 
doors through in case peaceable entrance was not given. Being 
unable without aid to make a successful resistance, Jackson 
repaired in haste to General Howe. Meeting one of his aids-de- 
camp, he informed him of his situation, and in view of the 
power of attorney which he held from Baldwin, asked to be de- 
fended in his rights. An orderly sergeant was thereupon 
deputed to return with him, with a verbal order that Mr. Brush 
should not molest Baldwin's goods. The sergeant delivered a 
wrong message, and commanded Brush not to disturb the pro- 
perty of Jackson. Jackson corrected the mistake, but Brush 
refused to receive the correction unless it was made in writing 
and by the proper authority. On going the second time to head- 
quarters, Jackson was unable to see either of the aids-de-camp. 
On his return Mr. Brush and his men broke open Baldwin's 
storehouse, and having obtained conveyances, removed the 
greater part of its contents to the brigantine Elizabeth. 

Not satisfied with the power with which he had been vested, 
Mr. Brush obtained from General Howe, on the 10th of March, 
private instructions to seize those " goods," which, if retained 
by the rebels, would enable them to carry on the war, and 
" put them on board the Minerva ship, or the brigantine Eliza- 
beth." In accordance with these private instructions. General 
Howe, on the same day, which was Sunday, issued a procla- 
mation which, having been printed in the form of a handbill, 
was posted in the most conspicuous places in Boston, ordering 
the removal of "linen and woollen goods" from the j)lace, and 
declaring that any person who should secrete or retain articles 
of this description would be treated as " a favourer of rebels."* 

* The private iiisti'uctions, which, with the exception of General Howe's sig- 
nature, were in Mr. Brush's hand-writing, were as follows : — 

" Sir, — I am informed there are large Quantities of Goods in the Town of Boston, 
which, if in possession of the Rebells, would enable them to Carry on War. And 
"Whereas, I have given Notice to all Loyal Inhabitants to remove such Goods from 
hence, and that all who do not remove them, or deliver them to your Care, wiU 



WHOLESALE PLUNDEK. 615 

No sooner was this proclamation issued, than Mr. Brush began 
his work of plunder. Eegardless of the sacred character of the 
day, he broke into the shops of Samuel Austin, John Scollay, 
John Rowe, John Barrett and Sons, Captain Dashwood, and 
Captain Partridge, whence he removed goods to the value of 
several thousands of pounds sterling. From the shop of the 
Jacksons he also took about twenty-five packages of goods, but 
these were treated with more care, for they were guarded by 
James Jackson as far as the wharf whence they were shipped.* 
Nor did he confine himself to linens and woollens, the articles 
which had been declared contraband. His was an indiscri- 

be considered as abettors of Eebells. You are hereby Authorized and Required 
to take into your Possession all such Goods as answer this description, and to 
give Certificates to the Owners that you have received them for their use, and will 
deliver them to the Owners' Order, unavoidable Accidents excepted. And you are 
to make enquiry, if any such Goods be secreted or left in Stores, and you ai-e to 
Seize all such and put them on Board the Minerva, Ship, or Brigantine Elizabeth. 
" Given under my hand at Head Quarters, 
"Boston, this tenth Day of March, 1776. 

«W. Howe, 
« Com-^ Chf, 
"To Crean Brush, Esquire." 

The following is a copy of the proclamation of General Howe, which,. in the 
form of a handbill, was posted in the town of Boston: — 

" By His Excellency 
" WixLiAM Howe, 

" Major General, &c. &c. &c. 
" As Linnen and Woolen Goods are Articles much wanted by the Rebels, and 
would aid and assist them in their Rebellion, the Commander-in-Chief expects 
that all good Subjects will use their utmost Endeavors to have all such Articles 
convey'd from this Place: Any who have not Opportunity to convey their 
Goods under their own Care, may deliver them on Board the Minerva at Hub- 
bard's Wharf, to Crean Brush, Esq. ; mark'd with their Names, who will give a 
Certificate of the Delivery, and will oblige himself to return them to the Owners, 
all unavoidable Accidents excepted. 

" If after this Notice any Person secretes or Keeps in his Possession such Arti- 
cles, he will be treated as a Favourer of Rebels. 
"Boston, March 10th, 1776." 

MSS. in office Sec. State Mass. Frothingham's Siege of Boston, pp. 306, 307. 

* Some idea of the manner in which the plundering of the town of Boston was 
conducted, may be gained by a perusal of the annexed inventory, drawn by 
James Jackson, " of sundry packages taken by Crean Brush out of Mr. Cyrus 
Baldwin's store, March 10, 1776." 

" 7 Trunks, 9 Boxes, 9 Casks, 1 Counter, 1 1 Bales, 1 Bag Pepper, 1 Bag All- 
spice, 1 Cask Indigo, 3 Quires small and 1 Quire large Press papers, Sundry Loose 
Ones, 1 Black Walnut Desk, 1 Writing Desk, 1 Pewter Dish, 1 Small organ in the 
chamber, 4 Chairs, 1 Pewter Dish." 



616 HISTOET OF EASTERN VERMONT. 

minate robbeiy, and everything portable on wliich he could 
lay his hands, if of value, was tumbled with the utmost confu- 
sion into the hold of the brigantine Elizabeth. On the next 
day he renewed his depredations with vigor. " Shops were 
stripped by him of all their goods, though the owners were in 
town." Dwelling houses were plundered of their contents, and 
what could not be carried off was destroyed. Mr. Brush after- 
wards bore witness to his activity in these words : — " I solemnly 
aver, that from the 5tli to the 13tli of March, my own assiduity 
was so great that I did not in any one night allow myself more 
than two. hours sleep." For four days, commencing on the 
day on which the last proclamation was dated, the destruction 
of private property in Boston was immense. Those engaged in 
these scenes cared but little for the order which declared that 
the soldiers who should be " caught plundering " should be 
" hanged on the spot," and were not hind<ired in their lawless 
work by the rain which fell during the greater part of the time.* 
On the 12th of March, John Hill, one of Mr. Brush's assist- 
ants, wrote to Brigadier-General Robertson for assistance. He 
stated that his emj^loyer and others had laded the Elizabeth 
with " a valuable cargo of rebels' goods ;" that one Captain 
"Wheaton had assumed the command, but was incapable of fulfil- 
ling his trust ; that he had crowded her with twenty passengers, 
" besides seven negroes," among whom there was not one per- 
son who could superintend her navigation; that there were 
neither provisions nor water on board ; that the passengers 
were in confusion, and the cargo in chaos. He further de- 
clared that should the vessel put to sea in her present state, she 
would undoubtedly be lost, and begged in behalf of Mr. Brush, 
that she might be provided with a fit master, and four compe- 
tent seamen, and that all "superfluous persons" might be re- 
moved from her. On the same day, Wihiam and James Jack- 
son proceeded to Brigadier-General Kobertson's quarters, for 
the purpose of obtaining from Mr. Brush through him, a receipt 
for the goods of Baldwin. Samuel Austin and John Scollay, 
two of the selectmen of Boston, and Captains Partridge and 
Dashwood were already there, endeavoring to obtain informa- 
tion concerning their property. Mr. Brush produced manifests 
of the goods of these gentlemen, and even furnished them with 
receipts, but of the effects of Baldwin he could give no account. 

* Gordon's Hist, of the War, ii. 42-44. Frothingham's Siege of Boston, pp. 
807, 308. 



0UTEAGE8 BY THE BKITISH. 617 

Some conversation then ensued relative to Mr, Brush's conduct, 
when Robertson, in order probably to put an end to the com- 
plaints which had arisen on account of the recklessness with 
which Mr. Brush had conducted the seizure of the " rebels' " 
goods, gave orders that the Elizabeth should fall down the har- 
bor. It had been expected that Boston would be evacuated on 
the 15th, but owing to an easterly breeze which rendered exit 
from the harbor unsafe, the departure of the troops w^as de- 
layed. The next day was spent by the soldiers in " defacing 
furniture, damaging goods, and breaking open stores." On 
Sunday, March the 17th, the embarkation commenoed at an 
early hour, and before night the fleet was harbored in Nantas- 
ket Eoad. Mr. Brush left in the Elizabeth, and was accompa- 
nied by William Jackson, who had determined to remain with 
his property, to protect it, if he should be able. 

The situation of the Ehzabeth was unpromising in the ex- 
treme. The packages which had been thrown in indiscrimi- 
nately were broken open, and the goods were lying loose in the 
hold from one end of the vessel to the other. Wheaton, the 
temporary captain, and Mr. Brush were continually diftering, 
each pretending to the cominand, and no care had been taken 
to lay in a store of provisions. As soon as General Howe 
arrived at Nantasket, Jackson, who was still there, wrote to 
him, informing him of the service he, as " a subject," had done 
" in the detection and discovery of persons concerned in fraudu- 
lently taking away the property of divers merchants," and 
asked to be appointed to take the charge of the cargo on board 
the Elizabeth, then " under the care of Mr. Brush." By the 
advice of Major Sheriff, Jackson repaired to the ship of Admi- 
ral Shuldham in King Road, on board of which General Howe 
had his head-quarters. He was there met by Captain Balfour, 
Howe's aid-de-camp, who begged him to return to the brigan- 
tine, and promised that he would soon follow. Not long after, 
Brigadier-General Robertson and Major Grant, the commandant 
of the 55th regiment, visited the Elizabeth, with a party of men, 
in place of Balfour. To them Jackson made known the situation 
of affairs, and informed them that the goods of several persons 
which had been taken, were not to be found on the brigantine. 
By their aid a search was instituted, and the lost property, among 
which was that of Mr. Baldwin, was discovered " on board a 
ship called the Peggy." Jackson thereupon agreed to attend 
to the preservation of the cargo of the Elizabeth, and a couple 



618 HISTORY OF EASTERN VERMONT. 

of men were sent to assist him in its stowage. Large quantities 
of goods were aftei-wards removed from the Peggy to the Eliza- 
beth, but the property which was hidden under the wheat and 
flour, which formed a part of the cargo of the former vessel, 
was not then discovered. 

On Thursday, the 21st of March, Admiral Shuldham of the 
British fleet, ordered Peter Ramsay, a midshipman on the 
Chatham, to take the captaincy of the Elizabeth. With him 
were sent sailors, together with a sergeant and twelve privates 
of the 4th, or King's Own Regiment, that the vessel might 
be both jiavigated and defended. For a few days following, 
the crew were busily engaged in taking in provisions, and 
in making the necessary preparations for the voyage. Ar- 
rangements having been completed, and a number of women 
and children having been taken on board as passengers, the 
Elizabeth set sail for Halifax, Nova Scotia, between the hours 
of three and four, on the afternoon of Friday, the 29th of 
March, under convoy of the British ship-of-war the Niger. On 
Tuesday, the 2d of April, Commodore John Manly in the Han- 
cock, coming up with the brigantine, which had in the mean 
time parted from her convoy, fired a broadside at her. This 
was returned by a volley of small arms from the sergeant's 
party on board the Elizabeth. At this juncture Capt. Daniel 
Abaters in the Lee, and Capt. John Ayres in the Lynch, joined 
the Commodore. Escape was now impossible. Between the 
hours of four and five in the afternoon the Elizabeth struck her 
colors. Captain Ramsay and all on board were made prison- 
ers, and the brigantine was fioated into Piscataqua river in 
New Hampshire. 

The most important prisoners were on Thursday, the 11th of 
April, brought before the Council of Massachusetts, then in ses- 
sion at Watertown, and examined. Mr. Brush did not deny the 
charges which were adduced against him, and even acknow- 
ledged that he took some articles which were not " woollens or 
linens ;" but " this," said he, " was owing to the owners them- 
selves, who would not inform me which packages contained 
them." The statements made by Captain Ramsay were strictly 
true. William Jackson declared that he had taken passage in 
the Elizabeth in order to protect his own and Mr. Baldwin's 
propert}^, and that he had never been acquainted with Mr. 
Brush till he met him at General Howe's (piarters. Another 
prisoner, one Edward Keighley, stated that he Avas a passenger 



AKEEST OF BKUSH AND OTHERS. 619 

in the Elizabeth when she was taken, and that he had on board 
of her a quantity of goods, which it was his design to carry to 
Hahfax and " make the best of." He also asserted that there 
were five persons on the Elizabeth who had been imprisoned 
on account of the share they had taken in plundering the town 
of Boston, and in secreting the booty in the hold of the Peggy. 
On the day following this examination, the " major part of 
the Council" directed the keeper of the jail at Boston to take 
into his custody, Crean Brush, "William Jackson, Peter Bamsay, 
Edward Keighley, and Richard Newton, " lately taken in their 
flight from Boston, in attempting to carry away from thence, 
under the protection of the British fleet, large quantities of 
goods, wares, and merchandizes, the rightful property of the 
inhabitants " of the town of Boston. The first three prisoners 
were ordered to be placed " each in an apartment by himself;" 
were denied the use of pen, ink, and paper, and candles ; and 
were not permitted to converse with any person unless in the 
presence of the jailer. Mr. Brush was not only subjected to 
these restrictions, but was also handcuffed. Among the papers 
of Brush was found an unfinished letter, which was published 
in Edes's Boston Gazette ' a few days after its author had been 
imj^risoned, in order, as was stated by the editor in his prefatory 
remarks, " that the good people of these colonies may see the 
unwearied attemj^ts of our implacable enemies to enslave them."* 

* This letter was without date or address, and was in these words : — 
" Sir : The movement of the troops from Boston to Canada is the only measure 
which assures success in the reduction of America to due obedience, which, I 
trust, sir, you will remember to have been an observation of mine to you in Feb- 
ruary, 1765. From the frontiers of that Province, the troops can, with great 
facility, possess the interior fertile country, which forms the great object of Rebel 
resources, and. by throwing the disaffected inhabitants in crowds upon an already 
exhausted and almost barren sea-coast, and keeping them confined there, they 
must be reduced by famine without a blow, provided a proper fleet is stationed 
on the coast of the Atlantick, to harass them on that quarter, and prevent foreign 
succours. The rivers, lakes, and streams, connected with, and contiguous to, the 
River St. Lawrence, must be the channels through which this desirable object is 
to be accomplished — the River Kennebeck, whose source is near that of the River 
ChauJiere, emptying into the St. Lawrence River, a few miles above Quebeek ; 
the Sago River, which separates the Province of New Hampshire from the Pro- 
vince of Maine ; the River Merrimack, rising about latitude 43° ; the River Con- 
necticut, whose source is in about latitude 46°, near the Lake De St. Frangois, in 
the River St. Lawrence ; Hudson's, Susquehannah, Delaware, and Ohio Rivers, 
with the lakes forming these rivers and streams issuing into them. For on the 
banks of these lakes, rivers, and streams, are the fertile lands ; and the whole set- 
tlements in the interior parts are chiefly formed on them. You will be pleased, 
sir, to excuse the liberty I have already taken, and indulge me until I lay before 



620 HISTOUY OF EASTERN VEKMONT. 

A memorial was also found among his j^apers, addressed to 
Brigadier-General James Robertson. In this, he gave a partial 
account of his doings in Boston, and blamed those of the rebels 
who had found fault with his ruffianism. Referring to these 
unreasonable grumblers, he said : — " Your memorialist begs 
leave to assure your Honor, that he is fully able to prove that 
his conduct towards them was governed with politeness and 
moderation. True it is, that when attempts M'ere made to en- 
ffaire his attention in tedious dissertations on Mao-na Charta and 
the rights of British subjects, with intent to retard him in the 
execution of his office, he did interrupt such harangues, and 
with an irony which inflamed their resentment, complimented 
them on their eloquence, which had in town meetings been so 
successful as to throw all America into confusion," But he 
further asserted that remarks like these were always accompa- 
nied by the declaration, that he " was upon business " which 
he was " determined to execute without interruption." In 
another memorial intended for General Howe, which seemed 
to be a companion-piece to the above, he employed a similar 
style in his remarks. In one instance only did he turn aside 
from the justification of his own acts, in order to commend to 
favor the four men and their families, who " neglected their 
own concerns to serve government," when he procured their 
assistance in breaking open the shops of Boston. 

you the method I would pursue in taking possession of any capital river ; which, 
if it furnishes a hint which may facilitate the operations on any others, I should 
esteem myself very happy. The plan I would lay down relates only to the River 
Connecticut — an object of the greatest consequence, as it forms the granary of 
Massachusetts Bay and Connecticut. And I request you may believe, that what 
I advance is not founded on mere speculative knowledge, founded on maps, but 
from the actual experience of many years traversing that river, from its mouth 
to latitude 45°, where I had an opportunity of thoroughly inspecting its falls. On 
supposition, therefore, that the body of Regulars on tliis expedition consists of one 
thousand five hundred men, the like number of Canadians, and one hundred Indi- 
ans, with arms and ammunition, and six small field-pieces, the whole to proceed 
together fiom Quebeck to Lake De St. Francois, with about one hundred and fifty 
horses, or more, if possible, and birch canoes sufficient to carry sucli provisions 
and light baggnge as may be necessary: the distance from the Lake De St. Fran- 
cois to the source of Connecticut River may be about six days' march ; and in 
this the whole difficulty consists. However, the Canadians, who are good axe- 
men, covered by an advanced party and Indian guides, might cut out such fallen 
timber as may lay across the path, and fill up such gulley* with logs and earth 
as would otherwise obstruct the march of the artillery. Immediately on enter- 
ing the settled townsliips on Connecticut River, a printed paper, to the purport 
or effect following, might be distributed." — Edes's Boston Gazette, April 15, 
1776. 



DISCHAEGE AND EE-AKKEST OF JOHN HILL. 621 

One of these four men, John Hill, had been taken when the 
Elizabeth was captured. On his examination, as no evidence 
was adduced against him, he was dismissed. It was afterwards 
ascertained, in the words of the Council of Massachusetts, that 
when he was first made prisoner, he had on board the brigan- 
tine, in his possession, " chests, trunks, and packages of goods 
and merchandize, to the value of £300 sterling, supposed to 
have been stolen from the distressed inhabitants of the town of 
Boston ;" and that he had been " an assistant to Crean Brush 
in his late unwarrantable and high-handed thefts and robbe- 
ries." For these reasons, the Council, on the 25th of April, 
issued an order for his re-arrest. Having been taken at Mar- 
blehead, he was sent by the committee of correspondence of 
that town to Boston. On the 30th of April, he was again 
brought before the Council, and, having been examined by 
Benjamin Chadbourn, Mr. Cushing, and Mr, Sullivan, he was 
sent to " Boston Jail," there to be confined as a prisoner until 
he should appear before the seven justices of the peace of the 
county of Sufiblk, " appointed to try associators and abettors 
of the ministerial army." After remaining in prison for a 
month. Hill, on the 4th of June, petitioned for his release, 
alleging as reasons the dying condition of his wife, and the 
starving state of his mother and daughter. His request was 
probably granted, for it is well known that cruelty was not a 
characteristic of the conduct of the Americans in the war of 
the revolution. 

In a letter to the Council of Massachusetts, dated the 10th 
of June, William Jackson, another of the prisoners, asserted 
that he had not been " in any shape concerned with Brush," 
and agreed to prove his words by an appeal to that individual. 
In consequence of this letter, Jackson was again brought before 
the Council, on the 13th, and was re-examined. At the close 
of the interview, he drew up a detailed account of the part 
he had taken in the scenes which had been lately enacted in 
Boston, in which he represented himself as a succorer of those 
who had sufi*ered by the vindictiveness of Mr. Brush. In 
proof of his innocence, he presented six certificates from Bos- 
ton gentlemen. Two of these were signed by John Scollay 
and Samuel Austin. On the 13th of July following, he was 
still in jail, subject to the restrictions which had been placed 
upon him three months previous. When the subject of the 
capture of the Elizabeth was discussed in Congress, a few 



622 mSTOKT OF eastern VERMONT. 

months later, the conduct of William Jackson and of his 
brother James was spoken of without reprobation, and in such 
a manner as would lead to the conclusion that the former was 
not at that time in confinement. 

The cargo of the Elizabeth, though varied in its character, 
was very valuable. Its worth was stated by William Jackson 
at £20,000 sterling, and the Boston newspapers raised these 
figures to £35,000 sterling. Regarding the vessel and its lading 
as a lawful prize, the captors expected their full quota of the 
net proceeds. On the other hand, the owners of the brigantine 
and her cargo laid claim to their respective property. Joshua 
Wentworth, of Portsmouth, New Hampshire, appeared in 
behalf of the captors, and John Lowell, of ISTewburyport, Mas- 
sachusetts, for the claimants. The latter gentleman obtained 
from the office of the secretary of Massachusetts, the papers 
which had been taken from Brush, in order that he might 
prove by them the ownership of the vessel and cargo. Samuel 
Austin, John Rowe, Capt. S. Partridge, Capt. Samuel Dash- 
wood, and John Scollay, the merchants whose stores had been 
most thoroughly plundered, presented a petition to Congress on 
the 21st of May, desiring that particular attention might be 
given to their situation. Wentworth, meantime, fully aware 
of the peculiar difficulties of the case he had undertaken, wrote 
to Stephen Moylan for advice. On the 21st of August, Went- 
worth, in behalf " as well of the United States of America, as 
of John Manly, Daniel Waters, and John Ayres, commanders ; 
and the officers, marines, and mariners, of the three armed ves- 
sels, Hancock, Lee, and Lynch," exhibited a libel before Joshua 
Brackett, judge of the court maritime of IS^ew Hampshire, 
" against the brigantine Elizabeth, commanded by Peter Ram- 
say ; and her cargo ; and Richard Hart, of Portsmouth, in 
New Hampshire, owner of the said brigantine ; and William 
Jackson and others, of Boston, in the state of Massachusetts- 
Bay, owners of sundry goods and merchandize on board 
of her." The merits of the case having been set forth by 
counsel, the judge decided that the brigantine and so much 
of her cargo as was claimed, should be restored to the respec- 
tive claimants, and that the claimants should recover their legal 
costs of court. 

From this sentence, Wentworth appealed to Congress. His 
appeal was read on the 12th of September, and on the 30th of 
the same month, the Boston suflPerers petitioned Congress to 



CONFINED m BOSTON JAIL. 623 

hear and determine the appeah The subject was committed to 
the consideration of Kobert Treat Paine, Samuel Huntington, 
Thomas Stone, George "Wythe, and Richard Smith, with full 
powers to hear and determine. On the 14th of October, they 
gave in their report to Congress, which was agreed to. By it, 
they declared that the Elizabeth, " not being an armed or a 
transport vessel employed in the present war against the United 
States, nor carrying provisions, or other necessaries, to the 
British army or navy, within any of the United colonies," could 
not be forfeited. But they further decided, that the owners of 
the brigantine and cargo — who, probably, " would have lost 
their whole property," had not Manly and his colleagues inter- 
fered — ought to make a reasonable satisfaction to the re-captors. 
On these grounds, the sentence of the court was found errone- 
ous, and was ordered to be " reversed and annulled." In place 
of it, the court maritime was directed to restore the Elizabeth 
and such parts of her cargo as had been previously claimed, to 
the respective claimants, upon their paying to the United 
States and the re-captors, one twelfth part of the value claimed. 
As to the rest of the cargo, it was decided that it should be 
sold, and that the proceeds, " after deducting the like propor- 
tion and for the same uses," should be retained for the persons 
who should hereafter prove their right to the same. Liberty 
was also given to the appellants, to recover against the claim- 
ants, their costs as well in the court maritime as in the prosecu- 
tion of their appeal at Philadelphia ; and in this shape the 
cause was sent back, that the sentence of Congress might be 
carried into execution. By a resolution which followed the 
adoption of this report. Congress, as an act of charity, released 
that part of the twelfth, which, in lieu of salvage, had been 
adj udged to the United States, and restored it to the owners of 
the goods with which the Elizabeth had been freighted.^ 

Meantime Brush remained a close prisoner in the jail at 
Boston. His habits, it is stated, were not at this period of the 
most temperate nature, and there is a tradition that he would 
often beguile his leisure hours by an undue indulgence in 
strong liquors. In the month of January, 177Y, his wife ar- 
rived at Boston, and there remained during the rest of that 

* MS. Revolution Council Papers, in office Sec. State Mass., 1775, 1776, i. 316, 
S41 ; 1776, ii. 53, 54, 78-95. American Archives, Fourth Series, vol. v. cols. 
177, 934, 1068, 1294, 1299, 1701 ; vol. vi. col. 681. Connecticut Courant, April 
29th, 1776. Journals Am. Congress, i. 349, 471, 502, 507, 515--517. 



624 HISTORY OF EASTERN VERMONT. 

year. By a paragraph in the Xew York Gazette of August 
25th, 17T7, chronichng the arrival in that city of Michael 
Nailer, previously a prisoner at Boston, it appears that Brush 
had been lately tried on three indictments found against him 
by the grand jury of Massachusetts, on account of his partici- 
pation in the plundering of Boston, and had been " honorably 
acquitted." Whether this statement was true or false, one 
thing is certain, that his acquittal did not procure his release. 
This was effected in a manner far different. On Wednesday, 
the 5th of November following, Mrs. Brush, as was her custom, 
visited her husband in his cell, and remained with him several 
hours. The time for locking up the prisoners for the night 
having come, she was requested to terminate her visit. As 
the turnkey stood at the door, waiting for her appearance, a 
tall figure in woman's garb passed out of the cell, walked with 
deliberation to the outer door, and disappeared in the dark- 
ness. The turnkey threw the bolt forward to its place, little 
imagining, as was the case, that Mr. Brush had escaped in his 
wife's clothing, and reported all the prisoners secure for the 
night. On the next morning, when he shoved up the slide 
which closed the loophole through which food was passed, no 
response was given to his summons, and no hand appeared to 
take the proffered breakfast. Having called several times, 
Mrs, Brush, who was the sole occupant of the cell, at length 
replied, " I am not Mr. Brush's keeper," but refused to give 
any information concerning her husband. 

Immediately on escaping, Mr. Brush set out for New York, 
having been furnished by his" wife with the means of accom- 
plishing the journey, and with a horse, which he found tied at a 
place she had designated. On Sunday, the 16th of November, 
he reached the place of his destination, and the arrival of the 
man who for " upwards of nineteen months" had been " a pri- 
soner in Boston Gaol," was duly noticed in the next day's ga- 
zettCi* Mr. Brush now directed his efforts to the recovery of 
his property, and especially of his lands on the New Hamp- 
shire Grants. Owing to his previous acts and character, and 
to the hatred towards Tories, which the condition of New York 
at that time did not tend to lessen, he made but Kttle progress 
in his endeavors, and became dispirited. Nor did he succeed 
any better in an attempt which he made to obtain from the 

* New York Gazette, MoEday, November l^th, 1777. 



SUICIDE. 625 

commander of the British forces in that city redress for the 
injuries he had received, and compensation for the losses he 
had sustained on behalf of the King. Goaded by the scorpion 
whips of remorse ; too proud to strive to redeem the errors of 
his past life by living honorably in the future ; unable to en- 
dure, longer, 

" the whips and scorns of time, 

the law's delay, 

The insolence of office ;" 

making but little account of the dread, responsibility incurred 
by him who cares not that the Everlasting has fixed 

" His canon 'gainst self slaughter ;" 

he chose to exchange the miseries of the present for the uncer- 
tainties of eternity, and to rush uncalled into the presence of 
his Maker. On a cold morning in the following sj)ring, he 
stood alone in his chamber, the shadow of black years behind 
him, and the gloomier darkness of an impenetrable future be- 
fore. There was little in the room to cheer a soul like his. 
The fire had died on the hearth, and the white ashes and the 
half-consumed brand were fit emblems of the seared heart 
which was sepulchred in his bosom. The frost had gathered 
on the soiled and weather-stained windows, and the light which 
struggled through them seemed to have lost its strength in the 
eflbrt and left nothing but its' dimness as the evidence of its 
presence. The answer which but a few hours before the Bri- 
tish commander had made him, when he spoke of his sufifer- 
ings — the answer, " Your conduct merited them, and more," 
was still sounding in his ears. A report, as of fire-arms, drew 
the attention of curious people to the building whence the 
noise proceeded. Mr. Brush was found upon the floor — wel- 
tering in blood — a pistol in his hand — a bullet-hole in his head — 
his brains besmearing the walls of the apartment — dead.* 

* A traditional account of this occurrence is, that he cut his throat with a 
razor in a lawyer's office which he was accustomed to frequent, while the lawyer 
had gone out to get some fuel for the purpose of making a fire. In a Boston 
paper of that time is recorded the following paragraph, which suppoi-ts the state- 
ment of the text : — 

" From New York, we learn that the notorious CREAN BRUSH (who was 
some Time since released from Confinement in this Town) after his Arrival in that 

40 



626 HISTORY OF EASTERN VERMONT. 

A few months previous to this occurrence, his wife had asked 
leave of the Council of Massachusetts to go to Rhode Island. 
On the 7th of January, 1778, her request was granted. Liberty 
was given her to proceed to Providence, and thence, provided 
Major- General Spencer "should indulge her with a flag," to 
Newport, At the same time the commissary of prisoners was 
directed to see that she carried with her no papers or letters 
detrimental to the United States. 

By the will of Mr. Brush, which was dated " in Boston 
Gaol," the "Eighteenth Day of October in the year of our 
Lord, 1777, and in the eighteenth year of his Majesty's Eeign," 
his whole property, after the payment of his debts, was given 
to his wife during her widowhood. In case of her re-marriage, 
she was to receive one-third of the estate, and the remaining 
two-thirds were to be divided equally between his daughter, 
Elizabeth Martha, and his step-daughter, Frances. On the 
death of Mrs. Brush, her share was to descend to the first 
named daughter. Provision was made for other contingencies, 
and in the event of the death of his wife and daughters, his 
whole estate was to be divided between his " sister Rebecca, 
the wife of the Reverend Doctor Clarke of the county of Down 
in the Kingdom of Ireland," aud his cousins John Brush, mer- 
chant and planter, of the island of Tobago, and Richard Brush, 
merchant, of the island of Madeira. Of this will, his wife was 
nominated executrix, and his friends Goldsbrow Banyar, John 
Church, and Simeon Olcott, executors. It was proved before 
Gary Ludlow, the surrogate of the city and county of jSTew 
York, on the 14th of April, 1778, and at the same time, Mrs. 
Brush qualified as executrix. Mr. Brush owned, it is supposed, 
about 25,000 acres of land in the province of New York pro- 
per, and a little less than that amount on the New Hampshire 
Grants, but his heirs were able to obtain possession only of a 
very small portion of this part of his estate.* 

In accordance with the advice of Ira Allen, the Council of 
Safety of Vermont appointed commissionei's of sequestration 

Loyal City, applied to the Commander there, for a Consideration of the Insults 
and, as he told the Story, the many Losses Ac. he met while here, when he re- 
ceived for Answer ' Your Conduct merited them, and more,' which so enraged 
him that he retired to his Chamber, where, with a Pistol, he besmeared the Room 
with his Brains." — The Independent Chronicle and Universal Advertiser, Thurs- 
day, May 21, 1778. 

* Will of Crean Brush. 



DISPOSAL OF BEUSH S ESTATE. 627 

on the 2Stli of July, 1777, and gave them power " to seize all 
lands, tenements, goods and chattels of any pei-son or persons" 
in the state who had " repaired to the enemy," and to apply 
the revenue arising from the sale of the personal and the leasing 
of the real property, to the maintenance of the state. Inter- 
preting this order with a meaning of which it was in no way 
susceptible, private individuals seized upon the doomed pro- 
perty, and appropriated it to their own use. As an instance 
of this easy method of transfer, it will be sufficient to refer to 
the conduct of Leonard Spaulding, of Dummerston, who, on 
the 4th of February, 1778, by virtue of the order of confisca- 
tion, took possession of "Timothy Lovell's wood-farm" in 
Rockingham, the "Governor's meadow" at Westminster, and 
two lots and a bam in the latter place, the property of Crean 
Brush. On the 30th of March, 1778, he also seized upon the 
"Dawes place" in Putney, w^hich had formerly belonged to 
Mr. Brush.* 

Owing to the confusion incident to the war, and to the forma- 
tion of Yermont as a separate government, much of the reve- 
nue arising from the estates of Tories foimd other channels than 
those which led to the treasury of the state. But with the par- 
tial restoration of order, the abuses which had obtained in this 
particular were not unheeded. By an order of the Council, 
dated June 17th, 1778, the estate of Crean Brusli was taken 
from the hands of the commissioners of sequestration, and was 
given in charge to Xatlianiel Robinson and others, with autho- 
rity to lease it, and pay the proceeds to the state. By another 
order, emanating from the same authority, dated June 18th, 
1778, Paul Spooner was appointed a commissioner to receive 
from " John Church, Esqr., of Charlestown and the widow Mary 
Bellows of Walpole," " divers books and other effects, formerly 
the property of Crean Brush and othei-s, now with the enemies 
of the United States of America," and to " make due returns 
of his doings " at the next session of the General Assembly, to 
be holden at "Windsor on the second Thursday of the following 
October. For the purpose of protecting the state from the 
influence of its foes, an act was passed by the General Assem- 
bly in February, 1779, forbidding the return of all inimical 
persons, under the penalty of being " whipped on the naked 
back, not more than forty nor less than twenty stripes." Any 

• yt. Council Records. 



628 HISTORY OF EASTERN VERMONT. 

one wlio should continue in the state a month, or who should 
again return after a first conviction, was to suffer death, and 
the crime of harboring an enemy was made punishable by a 
fine of £500. In a list accompanying this act, containing the 
names of one hundred and twenty-eight persons, to whom its 
provisions were especially applicable, the name of Crean Brush, 
of Westminster, although he had been dead already a year, 
was included.* 

It is impossible, at this distance of time, to ascertain the 
names of those who became the owners, by purchase, seizure, 
or otherwise, of the property of this unfortunate loyalist. The 
following data may not, however, prove uninteresting to persons 
residing in those localities where the old method of designating 
lands is understood. Of the real estate of Crean Brush situated 
in "Westminster, and comprising, among other items, five thou- 
sand or six thousand acres of land, Stephen R. Bradley j)ur- 
chased of Thomas Chandler, commissioner, house lot number 
58, on the 10th of September, 1779. The General Assembly 
quit-claimed to William Crook, by a resolution dated October 
22d, 1779, " all right and title to a certain mill place," com- 
prising about two acres in lot number 8 of the fifth range. 
William Ilyde bought, on the 20tli of June, 1780, lot number 
6 in the fifth range of one hundred acre lots. Lot number 2 in 
the fourth range, containing one hundred acres, was pm-chased 
by Nathan Fisk on the 24th of June, 1780. William Crook 
bought of Thomas Chandler, on the 3d of October, 1780, lots 
numbers 9 and 10 in the third range of eighty acre lots. Tlie 
library and furnitm*e of Mr. Brush were scattered among the 
households of the neighborhood in which he resided. Books, 
bearing on their fly leaves his name, in the round, fuU auto- 
graph, which he had acquired while serving in the office of the 
deputy secretary of the province of New York, are still to be 
found in some of the houses which border the Connecticut, and 
the old clock, whose strokes fell on the ear of the jovial Tory, 
at midnight oftener than at morning, is still preserved, and con- 
tinues to mark with accuracy the fleeting hours, as it has done 
for the last hundred years.f 

After her second bereavement, it is not known how long 
Mrs. Brush remained a widow. In 1783 she was the wife of 

* Vermont Council Records. Vt. Laws, February, 1779, p. 72. Slade's Vt. 
State Papers, pp. 355, 356. 

\ Various MS. Memoranda in office Sec. State N. Y. 



ME8. BRUSH. 629 

Patrick Wall,* and, with her husband, resided in New York 
city. They afterwards removed to Westminster, at which 
place she s]Dent the remainder of her life. In the will of Crean 
Brush, his step-daughter, Frances, is referred to as the wife of 
Captain Buchanan. On the marriage of her mother with Pa- 
trick Wall, one-third of the estate of her step-father came into 
her possession, by virtue of the will, whose main provisions 
have been already cited. When Mrs. Wall came to reside at 
Westminster, Mrs. Buchanan, then a widow, accompanied her. 
She was a dashing woman, and early attracted the attention of 
the quiet town's-people, to whom a bearing as imperious as that 
which she exhibited was wholly new. During some one of his 
frequent visits to Westminster, Gen. Ethan Allen, at that time a 
widower, formed an acquaintance with Mrs. Buchanan, which 
subsequently ripened into a warm, but, for a time, singularly inter- 

* Though a tailor by occupation, Patrick Wall was a man of education, kind 
in disposition, courteous in manners, and, as John Kelly declared of him, one who 
knew " a good deal of the world." He was an Irishman by birth, but at the time 
of the revolution, was practising his craft in Boston. His situation during a por" 
tion of that period may be inferred from the annexed petition : — 

" To the Honorable the Council of the State of Massachusetts Bay, 

" The Petition of Patrick Wall of Boston, Taylor, Humbly sheweth — 

" That your Petitioner is in very great distress, as he cannot find business suf- 
ficient to support himself and family, and having already exliausted his whole 
substance for his subsistence hitherto, hath the melancholy prospect of an ap- 
proaching winter, wherein he must inevitably suffer the utmost hardships from 
his incapacity to procure the common necessaries of life. 

" That your Petitioner in addition to the calamities which threaten him with 
extreme poverty and distress, hath many months been afflicted with violent pains 
in his limbs and for want of proper exercise finds himself falling into a dropsical 
habit of body. 

" That in order to avoid the gloomy prospect with which he is surrounded, 
your petitioner, as the only means which promises relief, is willing and desirous 
of taking a passage for New York, being advised that the voyage thither would 
tend towards his finding means of getting a passage home to his native country, 
and laying his bones amongst those of his fathers. 

" Your Petitioner therefore humbly prays that your Honours in tender con 
sideration of the premises, may be favourably pleased to pass an order permitting 
your Petitioner to depart with liis family for New York in the next cartel bound 
to that place. 

'• Boston, 29 Sept'r, llll." 

His request was granted by an order of the Council, and the commissary of 
prisoners was directed to examine all the letters, papers, etc., which he and his 
family might desire to take with them. Subsequent events proved that he did 
not long entertain the idea of " laying his bones amongst those of his fathers." 
After his marriage with the widow Brush, his worldly prospects assumed a more 
cheerful aspect. At her death, he married Elizabeth Erwin, of Westminster, on 
the 7 th of January, 1S12. 



630 HISTORY OF EASTERN VER^^IONT. 

mittent friendship. Pleased with the originality of his views and 
conversation ; flattered at her own ability to arrest the attention 
of a man whom all feared, but whom few loved ; and imagining 
that she should find more sympathy in the companionship of 
his strong, active nature, than in the society of those by whom 
she was surrounded, Mrs. Buchanan found hei-self, on some 
occasions, irresistibly attracted towards him. At other times, 
his rough manners would render him equally repulsive to her. 
Aware of the feelings with which she regarded the Gene- 
ral, and hoping to induce her to eftect an alliance with a 
man whose boundless ambition was at all times apparent, save 
when overshadowed by passions as violent as they were unre- 
biiked, John Norton, the tavern keeper at Westminster, and a 
man of considerable note, said to her one day, in a familiar 
manner, " Fanny, if you marry General Allen, you will be the 
queen of a new state !" " Yes," she replied, turning upon him 
a look which accorded well with her words, " if I should marry 
the devil, I Avould be the queen of hell ! " 

The character of Mrs. Buchanan must not, however, be judged 
by an expression extorted in a moment of passion. By one who 
knew her well, she is said to have been a fascinating woman ; 
endowed with an ease of manner, which she had acquired from 
intercourse with the polite society of that day, in which she had 
been brought up ; possessed of a refined taste and many accom- 
plishments ; and, on most occasions, soft and gentle in her ways 
and speech. Tlie aversion with which she occasionally regard- 
ed General Allen, disappeared, at length, in the stronger admir- 
ation which she entertained for him, and she consented to 
become his wife. The circumstances attendant upon their 
marriage, which occurred previous to the year 1784, were novel, 
and fully characteristic of the man who cared but little either 
for " forms of government " or for the social customs of life. 

Soon after the removal of General Stephen R. Bradley to 
Westminster, he erected a convenient dwelling for himself and 
family on the flat, north of the spot where the old Court-house 
formerly stood. During the sessions of the Supreme court, the 
judges usually boarded with him. At this period, Mrs. Wall 
and her daughter Mrs. Buchanan, occupied rooms in the house, 
and General Allen was a frequent visitor. One morning, while 
General Bradley and the judges were at breakfast. General 
Allen, with his sleigh, horses, and driver, appeared at the gate, 
and, on coming into the room, was invited to partake. He an- 



MAEKIAGE OF ETHAN ALLEN. 631 

swered, that he had breakfasted at Norton's, and would, while 
they were engaged, step into Mrs. Wall's apartments and see 
the ladies. Entering without ceremony, he found Mrs. Bucha- 
nan in a morning-gown, standing on a chair, and arranging some 
articles on the upper shelves of a china closet. After recogniz- 
ing her informal visitor, Mrs. Buchanan raised up a cracked 
decanter, and calling General Allen's attention to it, accompa- 
nied the exhibition with a playful remark. The General laughed 
at the sally, and after some little chat, said to her, " If we are 
to be married, now is the time, for I am on my way to Arling- 
ton." " Yery well," she rej^lied, descending from the chair, 
" but give me time to put on my Joseph." 

Meanwhile, the judges and their host, having finished their 
breakfast, were smoking their long pipes. While thus engaged 
the couple came in, and General Allen, walking up to his old 
friend Chief Justice Moses Kobinson, addressed him as follows :— 
" Judge Robinson, this young woman and myself have concluded 
to marry each other, and to have you perform the ceremony." 
"When?" said the Judge, somewhat surprised. "Now!" re- 
plied Allen. " For myself," he continued, " I have no great 
opinion of such formality, and from v/hat I can discover, she 
thinks as little of it as I do. But as a decent respect for the 
opinions of mankind seems to require it, you will proceed." 
" General," said the Judge, " this is an important matter, and 
have you given it a serious consideration ?" " Certainly," re- 
plied Allen, " but," glancing at Mrs. Buchanan, " I do not 
think it requires much consideration." The ceremony then pro- 
ceeded, until the Judge inquired of Ethan whether he promised 
to live with Frances " agreeable to the law of God." " Stop ! 
stop !" cried Allen at this point. Then pausing, and looking 
out of the window, the pantheist exclaimed, " The law of God 
as written in the great book of Nature ? Yes ! Go on !" The 
Judge continued, and when he had finished, the trunk and guitar- 
case of Mrs. Allen were placed in the sleigh, the parties took 
their leave and were at once driven off to the General's home. 
Thus did the step-daughter of Crean Brush become the wife of 
the man for whose apprehension Governor Tryon, at the insti- 
gation of Brush, had on the 9th of March, lYT-i, offered a rcAvard 
of £100. The children by this marriage were Frances, Hanni- 
bal, and Ethan. General Allen died on the 12th of February 
1789, and his widow subsequently became the wife of Dr. 
Jabez Penniman of Burlington. 



6o2 IIISTOKY OF EASTKIIN VEKMONT. 

Elizabeth Martlia, the oulj cliild of Creah Brush, was about 
nineteen years old at the time of her father's death. At the age 
of twenty-two, she married Thomas Norman of Drogheda, Ire- 
land, by whom she had four children, Henry M., Ehza, John 
E., and Forbes. By the will of her father she was heir to one- 
third part of his estate. Having purchased of Mrs. Penniman and 
of Mrs. Wall their respective thirds, and taken from them quit- 
claim deeds duly executed and acknowledged, she became enti- 
tled to the whole property. Li the year 1795 her husband, who 
resided with her in Ireland, constituted her his attorney, and 
with this power she soon after came to America, and immedi- 
ately took measures to recover the property to which she had 
become entitled. At Westminster, where she had fixed her 
abode, she was afterwards joined by her husband, and at that 
place they lived until the time of their removal to Caldwell, at 
the south end of Lake George, where Mr. Norman died in the 
year 1814. Mrs. Norman was a lady of fine manners, dignified 
deportment, and was, in every respect, an ornament to her sex. 
She enjoyed in early life the advantages of a good education, 
and never failed to receive that regard and attention to which 
her merits entitled her. 

To what extent she succeeded in obtaining possession of the 
estate left by her father, is not known. In addition to the lands 
which he had held in New York and Vermont, he had owned 
also farms in Walpole, Westmoreland, Hinsdale, and Winches- 
ter ; but according to John Kelly, Mrs. Norman's lawyer, she 
was prevented by " the manoeuvres of the Burt family of Wal- 
pole" from obtaining full possession of her landed property in 
these New Hampshire towns. By a letter from Mr. KeUy to 
Mrs. Norman, dated the 9th of June, 1795, it appears that all 
the lands which Mr. Brush had held in Yermont, under the 
New York title, were at that time deemed, as they afterwards 
proved to be, "irrecoverably lost." Mr. Kelly also stated that, 
in many instances, the citizens of Yermont had possessed them- 
selves of Mr. Brush's lands during the war, and had since "held 
them by main force and strength ;" that some of his farms in 
that state had been sold as confiscated ; but that " the resolution 
of the Governor and Council of Yermont, under which they 
were so sold," did not pass until two years after Mr. Brush's 
death. Referring in another place to this resolution, he con- 
demned it in the plainest terms, declaring " the attempt to con- 
fiscate a dead man's estate" as an act " superlatively wicked." 



THOMAS CHANDLER. 



633 



It is believed that Mr. Brush's property, situated in the state 
of ]^ew York proper, was never confiscated. Even if this were 
so, it does not appear that Mrs. Norman ever realized her <3x- 
pectations in the estate of hei- father. "When on the 23d of 
April, 1799, the sum of $30,000 which Vermont had paid to 
New York, was divided among the claimants who had held 
lands on the " Grants," under charters from the latter stMe, 
Mrs. Norman made application for her portion, but obtained 
$718.60 onlj, a sum which bore no proportion to the real value 
of the possessions of her father in Vermont. The portrait of 
Crean Brush, from which the engraving given at the beginning 
of this sketch is taken, has for many years been preserved in 
the family of Mr. Henry M. Norman, who resides at Caldwell, 
and of whom several of the facts relative to his grandfather, 
previously mentioned, have been obtained.* 



THOMAS CHANDLEE. 




V^^^^^^'O^^ 



Among those who 
bore an active part 
as pioneers in the 
early settlement of 
Vermont, but few 
endured as many 
hardships, and overcame as many of the difficulties of the wil- 
derness, as Thomas Chandler. He was the son of John Chan- 
dler ; was born at Woodstock, Connecticut, on the 23d of July, 
1709 ; and was married to Elizabeth Eliot, on tlie 23d of No- 
vember, 1732. At the close of the French war, when many 
of the inhabitants of Massachusetts and Connecticut were turn- 
ing their attention to the ricli lands lying between Lake Cham- 
plain and New Hampshire, Mr, Chandler did not remain unob- 
servant. It is probable that he resided, during a portion of the 
time between the years 1761 and 1763, at Walpole, New Hamp- 
shire, for his name is found recorded at that period, as a select- 
man of that town. In the year 1763, he removed to New Flam- 
stead, the name by which Chester was then known, being 



* Letter from Hon. W. C. Bradley, dated February 2'7th, 1857. 
John Kelly to Mrs. Norman. Doc. Hist. X. Y., iv. 1024, 1025. 



Letters from 



634 niSTOKY OF eastern VERMONT. 

accompanied bj his two sons John, and Thomas, Jr.* At a 
meeting of the proprietors of the town, held at Worcester, Mas- 
sachusetts, on the 8th of March, in the year last mentioned, Mr. 
Chandler was chosen moderator. At " a meeting warned to 
be held at the dwelling house of William Warner," in New 
Flarastead, on tlie 12th of March, 1765, he was again chosen 
moderator. Tliis was the last meeting held under the New 
Hampshire charter. For the better protection of the domains 
west of Connecticut river, which had lately been declared 
within the province of New York, the limits of Albany county 
M'ere so extended as to include them ; additional justices of the 
peace for this wide-spread bailiwick were appointed ; and, on 
the 20th of January, 1766, Mr. Chandler received a d^dimus 
jwiestatem commission, empowering him to administer oaths 
of office. It is probable that he was, at the same time, made 
a justice of the peace and of the quorum, for at a meeting held 
at Springfield on the 27tli of February, 1766, he and others 
were present in that capacity, to appoint constables for a num- 
ber of the then sj)arsely settled towns in that region. It appears 
that there was a military organization on the " Grants " at this 
period, for on the latter occasion, Simon Stevens received the 
commission of a captain in the " eighth company of foot in the re- 
giment of militia for which Thomas Chandler Esquire is Colonel." 
On the 16th of July, 1766, Mr. Chandler was appointed first 
judge of the Inferior court of Common Pleas of Cumberland 
county, a justice of the peace, and surrogate of the county. 
He also received a dedhnus potestatem commission on the day 
following. For the purpose of securing the title of the lands in 
the town of his residence, he obtained a charter from New 
York for himself and thirty-six others, in which the name Ches- 
ter was substituted for New Flamstead. The patent of the 
county was issued on the 3d of July, 1766. The charter of 
Chester was granted on the 1-lth of July, 1766. Mr. Chandler 
received his appointments a few days later. The first town 
meeting under the new charter was held on the first Monday 
in June, 1767. Tliough the ofticers were regularly chosen on 
this occasion, and on other similar occasions for a number of 
years following, yet their names were not recorded until the 

* The Chandler family were settled in Chester previous to the 26th of Decem- 
bei", 1763, for ou tliat day Thomas Chester Chandler, a grand-son of Thomas 
Chandler, was born in that town. The birth of this child was the first that took 
place in Chester. 



HIS OPINIONS. 635 

19th of May, 1772, when, at a meeting held in the Court house. 
Colonel Chandler was chosen moderator, supervisor, and town 
clerk. The latter office he continued to hold until the 3d of 
March, 1777. When the county was re-organized by a direct 
act of the Crown, in 1768, he was again chosen on the 7th of 
April, in that year, to all the positions he had held under the 
old regime. Four years later, on the 14tli of April, 1772, ho 
was re-appointed to all the offices he had before filled, with the 
exception of the surrogateship, and the office created by the 
writ oi dedimus 2yotestate')n, as before explained. 

Of the actual opinions entertained by Colonel Chandler at 
the time of the " Westminster Massacre," it is difficult to form 
a correct estimate. He had acted as moderator at many of the 
town meetings which had been held in Chester, during the six 
months previous to this occurrence, and when the conduct of 
Great Britain in oppressing her colonies was under discussion, 
and when the people resolved to "joyn with their Fellow 
American Subjects in opposing in all Lawfull ways, every in- 
croachment on their Natural Rights," had shown no opposition 
to the measure. He also declared publicly, a few days before 
the affray, that he believed " it would be for the good of the 
county not to have any court as things were," and evinced a 
conciliatory spirit towards those who favored violent and deci- 
sive measures. After he had consulted with his associate. 
Judge Sabin, a man who deemed it his duty to uphold the 
laws, let the cost be what it might, it is probable that his views 
were changed ; for, when asked a few hours previous to the 
commencement of the fight, whether he and Sabin would con- 
sult with the Whigs as to the expedienc}^ of holding the session, 
he replied that the judges were willing to give redress in a legal 
manner, but could enter into no discussion as to " whether his 
Majesty's business should be done or not." Sabine, in "The 
American Loyalists," referring to Judge Chandler's behavior 
on this occasion, remarks : — " He appears to have conducted 
with prudence, and to have used his exertions to prevent the 
melancholy consequences which resulted from the unwise pro- 
ceedings of other adherents of the Crown." Although he was 
afterwards imprisoned in the Court-house, yet his confinement 
did not last but two or three days, and it does not appear that 
he was ever tried, although he gave bonds at the time of his 
release to appear and take his trial at such time as should be 
appointed. 



636 HISTORY OF EASTEKN \T:KM0XT. 

Other views have, howevei', been entertained respecting 
Chandler's real intentions. It was the remark of an old man, 
who in his boyhood had often seen him, that " he was not 
deemed a right honest man, and was supposed by many to have 
forwarded the scrape." In that highly entertaining and instruc- 
tive novel, called " The Rangers ; or the Tory's Daughter," the 
Hon. Daniel P. Thompson has also painted the sycophancy of 
Colonel Chandler, in colors which do not increase the brilliancy 
of his reputation. Tlie most plausible account which can be 
given of his conduct, as derived from a thorough examination 
of the facts, appears to be this. He was a man who, although 
attached to the Crown from wdiich he derived his authority, 
was unwilling that the people, whose welfare he desired espe- 
cially to consult, should suifer. He wished, as a loyal officer, 
that the court should convene ; was willing in his judicial capa- 
city to listen to the demands of the people ; and announced 
himself ready to assist in removing the grievances of which 
they complained. Being withheld by Judge Sabin — whose 
fidelity to the King was greater than his love for the people — 
from the course of action to which views like these would have 
prompted him, he determined to remain with his associate, and 
bear the indignation of the populace. This he did, there is 
hardly room to doubt, with all the dignity becoming his sta- 
tion. He suffered confinement with his friends, and after his 
release, when popular clamor had in a measure subsided, and 
an opportunity had been given him for reflection, decided in 
favor of those who had determined to cut loose from Great 
Britain, and ever after was a zealous supporter of the American 
cause. He was often exposed to the opprobrious remarks of 
those Avho remembered him as associated with the Court party 
during the struggle of the 13th of March, and his comiection 
with that side was not unfrequently cited as a reason why he 
could not be a hearty upholder of democratic or republican 
principles. Yet, in the face of prejudice so bitter, and calumny 
so offensive. Colonel Chandler, finnly attached to the cause he 
had espoused, toiled, for a time at least, earnestly and faith- 
fully in its behalf. 

Owing to causes which cannot now be ascertained, he became 
impoverished in his old age, and continued so until his death. 
At the session of the Legislature, held in October, ITS-I, he pre- 
sented a petition to the General Assembly, in which he ex- 
pressed his willingness to deliver up the whole of his estate to 



DEATH m PKISON. 637 

his creditors, in good faith, in order to satisfy the executions 
which had been issued against him, and prayed, in view of his 
" advanced age and iniirmities," for the passage of an act by 
which his creditors might be enabled to divide his property 
among them, and lie be relieved " from the fears of going into 
a lonesome prison." In answer to this request, he was ordered 
to cite his creditors, and require them to show cause wdiy the 
petition should not be granted. His pecuniary embarrassments, 
" brought about" as Mr. Thompson declares, " by a long course 
of secret fraud in selling wild lands to which he had no titles," 
placed him finally entirely at the mercy of his creditors, who 
threw him into jail at "Westminster. By a statute law of the 
state, a creditor was at this period bound to provide for the sup- 
port of an insolvent debtor, whom he had imprisoned for debt, 
in case the debtor should make oath to his utter inability to dis- 
charge such debt. Maintained by his creditors. Chandler con- 
tinued in prison during a portion of the spring and summer of 
1785. In the month of June, of that year, the General Assem- 
bly re-considered the petition which he had presented at the 
last session, and passed an act " to enable Tliomas Chandler of 
Chester, in the county of Windsor, Esqr., who now stands com- 
mitted a prisoner in the common gaol at Westminster, in the 
county of Windham, to deliver up all his estate, real and per- 
sonal, to his creditors, hona fide^ and to discharge the said 
Tliomas from his imprisonment." 

The terms on which his release was to be effected were 
peculiarly stringent, but Providence had detennined to relieve 
him, not only from the miseries of a jail but from the vexations 
of his fleshly prison. Tlie act was passed on the 16th of June, 
1785. On the 20th of the same month he died in the jail at 
Westminster. Owing to a foolish and unnatural belief which 
then prevailed concerning the inhumation of the body of an 
imprisoned debtor, the remains of Judge Chandler were buried 
privately, and without the ceremony of a funeral. In one cor- 
ner of the " old Westminster churchyard," next to the high- 
way, was to be seen until wathin a few years, the stump of a 
tree which marked the locality of his strangely constructed 
grave. Whatever his faults ma}^ have been, he deserves to be 
remembered as one of the earliest and most influential of the 
settlers of Eastern Vermont.* 

* Commissions. Deming's Catalogue, pnsshn. MS. Letters. Thompson's Vt., 
Part III. p. 53. The Rangers; or the Tory's Daughter, i. 99. Journals Gen. Ass. 



638 HISTORY OF EASTERN VEKMONT. 



JOHN CHANDLEE. 



John, the first son of Thomas Chandler, was bom at Wood- 
stock, Connecticut, on the 4th of March, ITS^, O.S. (March 
15th, 1737, N.S.), and was married to Ehzabeth Painter on the 
4th of May, 1758. He removed with his father to Chester in 
the year 1763, and aided in the early establishment of that 
town. Under a commission from l^ew York, he was author- 
ized to administer the necessary oaths to all persons who 
should receive office in Cumberland county. This post he held 
from July 17th, 1766, to April 14th, 1772. During the same 
period he served as an assistant justice of the Inferior court of 
Common Pleas and as a justice of the peace. He also held the 
office of county clerk from July 16th, 1766, to February 25th, 
1772, when he was removed for misconduct. Of his future 
career very little is known.* 



THOMAS CHANDLER JB. 



//l^^'m^^^^ ~(0'diZ.</t^^^yp^ 




THE second son 
of Thomas Chan- 
dler, and who 
bore the name of 
his father, was 
born on the 23d 
of September, 1740, O.S., and was married to Sarah Lord on 
the 2l8t of July, 1763. At an adjourned meeting of the pro- 
prietors of Kew Flamstead, afterwards Chester, held at Wor- 
cester, Massachusetts, on the 22d of March, 1763, Thomas 
Chandler Jr. was chosen town-clerk. On the 8th of March, 
1764, he was re-elected, and when on the 12th of March, 1765, 

Yt., Oct., 1784, p. 15; June, 1785, pp. 17, 40, 43. Slade's Vt. State Papers, p. 
497. 

An account of the peculiar circumstances under, and the manner in which the 
burial of Judge Chandler took place, is given ante, pp. 583, 584. 

* Council Minutes in office Sec. State N. Y., 1765-1783, xxvi. 228. 



THOMAS CHANDLER JK. 639 

tlie proprietors assembled for business, at the dwelling-house 
of William Warner in New Flamstead, he was continued in 
the same office for another year. He was again elected town- 
clerk at the March meeting in 17T7, and served in that capa- 
city during the two years succeeding'. From July 16th, 1766, 
until March 13th, 1775, the date of the " Westminster Massa- 
cre," he was an assistant justice of the Inferior court of Com- 
mon Pleas for Cumberland county and a justice of the peace. 
Both bcf'tre and after the event alluded to, he endeavored to 
allay the discontent of the people of the county, both by argu- 
ment and persuasion, but failed to accomplish that end. 

At the first session of the General Assembly of Yermont, in 
March, 1778, he was chosen secretary of state, and held that 
office until the following October. At the same time he re- 
ceived the appointment of clerk of the House. In October, 
1778, he was made speaker, and served in that capacity until 
the middle of the session of 1780. During the years 1779 and 
1780, he was a member of the Council ; from 1778 to 1781, 
and in 1787, represented the town of Chester in the General 
Assembly; and in the year 1779 was a judge of the Superior 
court. When the estates of the Tories who had left Vermont 
•were declared confiscated, he was chosen a commissioner of 
sequestration. Although disliked by many on account of a 
prejudice founded upon his former connection with the colonial 
government of New York, and charged with conduct which 
subjected him to the loss of his place as speaker of the House 
in 1780, yet his eflforts in the town of Chester were always 
exerted in behalf of the American cause, and his patriotism 
■was undoubted. 

Having been reduced to poverty " by a long serJes of sick- 
ness in his family," he presented a petition to the Legislature 
of Yermont, dated October 15th, 1792, asking fo\* an act of 
insolvency in his behalf. While the New Hampshire Grants 
were subject to the jurisdiction of New York, his position in the 
local government was high, and his influence, although circum- 
scribed, was acknowledged. But under the regiine inaugurated 
by the establishment of Yermont as an independent state, 
he gradually sunk into obscurity, and died it is supposed, 
although not as miserably, yet as much embarrassed as his 
father.* 

* See Biographic al Notice of Azariah '\\'right. 




64:0 HISTORY OF EASTEEN VEKMOJn". 



ELKAKAH DAY 

WAS a resident of "Westmin- 
ster, and in that town and 
throughout the county of 
"Windham, was known and 
respected as a physician. 
Before Yermont was declared a separate and independent state, 
and while the people on the " Grants " acted in concert with 
the government of JS'ew York in the cause of American free- 
dom, he was apj)ointed by the Provincial Congress of l^ew 
York a captain in the detachment of Eangers which was com- 
manded by Maj. Joab Hoisingtou. Having accepted the com- 
mission, he endeavored to enlist his complement of men, but 
amid the duties and labors of his profession he was unable 
to devote the time necessary to accompKsh this object. Con- 
vinced that he could effect more good as a physician than as a 
soldier, and finding that his patients were " totally unwilling " 
that he should discontinue his practice among them, he resigned 
his commission on the 23d of October, 1776. He afterwards held 
the office of high-sheriff of "Windham county for several years. 
He appears to have been first elected to that station in 1781, 
and held it until the year 1787.* 



SAMUEL FLETCHEE. 

/p ^ r-7^^^// P Among the early inhabitants 

\^^^!^'r->V ^c^^'^v^ /iM^'f'^^ of Townshend, no person occu- 
pied a higher position, or en- 
joyed a larger share of j)ublic confidence than Samuel Fletcher. 
He was born at Grafton, Massachusetts, in the year 1745, and at 
the age of seventeen enlisted as a soldier in the contest which 
was then being waged between the British and French colo- 
nies. In this service he continued a year. On his return he 

* Journal N. Y. Prov. Cong., ii. 214. 



SAMUEL FLETCHEE. 641 

learned the trade of a blacksmith, which he followed about 
four years, when he married a daughter of Col. John Hazeltine. 
Becoming the recipient of an ample fortune by this connection, 
he laid aside the sledge, and removed to Townshend, there to 
wield the axe among the trees of the forest At the com- 
mencement of the Ee volution he joined the American army, 
and in the capacity of orderly-sergeant, was present at the bat- 
tle of Bunker Hill. By the New York Provincial Congress he 
was appointed a lieutenant in a new company, which was 
formed in the month of July, 1775. Elisha Benedict of Al- 
bany, the captain of the new company, was soon after sent to 
Cumberland county for the purpose of delivering to Mr. Flet- 
cher his commission. He there learned that the "orderly" 
was " in the army at Cambridge," Massachusetts. Mr. Flet- 
cher's commission was soon after recalled, and the lieutenancy 
intended for him was conferred on another. In the month of 
January, 1776, he returned to Townshend, and was immedi- 
ately made captain of the militia in that town. On the 1st of 
February in the same year, the town committees of safety 
assembled and elected field-officers for the lower regiment in 
Cumberland county, agreeable to the wishes of the New York 
Provincial Congress. On this occasion Mr. Fletcher was chosen 
quarter-master, and his nomination was confirmed before the 
end of the ijionth. 

On the 11th of June following, a committee of safety for 
Cumberland county was formed at Westminster. Mr. Fletcher 
was present as a delegate from Townshend, and took an active 
part in the proceedings. Companies of minute men were soon 
after raised, whose superiority resulted from the excellence of 
their drill, and their readiness to march at the beat of drum, 
wherever their services were needed. A company of this 
character was commanded by Captain Fletcher, and when, in 
1777, Ticonderoga was besieged, all his men volunteered to 
march for its relief. On this expedition, with a pai'ty of thir- 
teen, he attacked a British detachment of forty men, killed one 
of them, and took seven prisoners, without sustaining any loss 
himself In August of the same year he was engaged in the 
battle of Bennington, and often in later years would speak of 
his participation in that struggle. He soon after received a 
major's commission, and continued to serve his country until 
after the defeat of Burgoyne. He was made a brigadier-gene- 
ral in the militia of Vermont on the 20th of June, 1781, and, 

41 



642 HISTORY OF EASTEEN VERMONT. 

« 

having reached the grade of major-general, retained that posi- 
tion for six years. 

He represented Townshend in the General Assembly of Yer- 
mont at their first session, in March, 1778, and enjoyed the 
same honor at the session in October of the same year, and at 
that in February, 1779. During the session of the latter year, 
he was chosen councillor, and held the ofiice by annual election 
until 1790. He was also councillor in 1808. He was appointed 
a judge of the Supreme court on the 13th of February, 1782, 
but refused to serve. From 1788 until 1806, he held the ofiice 
of high sheriff of "Windham county, and during the years 1778, 
1783, 1784, and 1786, was a judge of the county court. He 
died on the 15th of September, 1814, aged nearly seventy years. 
On the occasion of his funeral, in connection with some remarks 
eulogistic of his character, made by the late Hon. Charles Phelps, 
of Townshend, a sketch of his life was given by the same gen- 
tleman, but the observations were extemporaneous, and were 
not preserved. His daughter, who afterwards became the wife 
of Mr. Ransom, and the mother of the Hon. Epaphi'oditus Ran- 
som, late Governor of Michigan, was the first person born in 
Townshend. She died a few years ago at Kalamazoo, at a very 
advanced age. His eldest daughter, who was formerly the wife 
of the Hon. Samuel Porter, of Dummerston, was living a few 
years ago in Springfield, Vermont, at the age of ninety. His 
only son, Squire H. Fletcher, was also living in 1853 near Buf- 
falo, New York, wanting but a few more years to place him in 
the octogenarian rank. 

Being a man of enterprise, industry, and skill, General 
Fletcher not only filled the various stations to which he was 
appointed with great credit, but found time to engage in pro- 
jects to increase the wealth and population of the state. By a 
resolution of the General Assembly of Vermont, passed on the 
6th of November, 1780, the township of Jamaica was granted 
to him and fifty-three others, on the payment, for each right, 
of £9 lawful money, in silver, or other current funds. The char- 
ter was issued on the day following. It is much to be regretted 
that the MSS. of this excellent man were not preserved. He 
was a fine writer, and during a portion of his life, kept a full, 
accurate, and daily record of events of public importance, or of 
interest to himself on account of his participation in them. 
These, and other writings, it is supposed, were consigned to the 
care of his son-in-law, Mr. Ransom, who was the executor of 



SAMUEL GALE. 643 

his will, and were probably destroyed in the burning of that 
gentleman's house. Among the books lost on that occasion, 
was " a large and elegant old English folio edition of the Bible," 
which Col. John Hazeltine gave to his daughter at the time of 
her marriage, and which General Fletcher bequeathed to his 
daughter, Mrs. Eansom, in his will. Two memorials of the old 
soldier are still preserved. Tlie one is a sword cane which he 
carried through all his campaigns in the Revolutionary War ; 
the other a watch which he wore during the last twenty years 
of his life. 

In stature, General Fletcher measured about five feet ten 
inches. In person he was straight and finely proportioned, but 
inclined to corpulency. His eyes, which were blue, corre- 
sponded well with a light complexion, and his manly beauty 
was generally acknowledged. He was elegant in manners, and 
in deportment, bland and refined. Kindness characterized his 
intercourse with all, and generousness and hospitality were the 
faults, if he had any, of his character. He was very particular 
in his dress, which, although always in the fashion, was never 
contrary to the canons of good taste. Possessing the qualifica- 
tions which make the man, he was also so fortunate as to com- 
bine with these most necessary requisites those other and finer 
excellences, which rendered him the heau ideal of a perfect 
gentleman.* 




SAMUEL GALK 

Of the loyalists who bore a con- 
spicuous part in the events connected 
with the " "Westminster Massacre," 
none are more entitled to respect and 
consideration than Samuel Gale. He was born in Hamp- 
shire, England, on the 14:th of October, 1747, and during his 
boyhood received the benefits of a good education. Having 
been appointed a paymaster in the British army, he was ordered 

* Thompson's Vt., Art. Townshend. Deming's Appendix, p. 216. Letter of 
Hon. E. Ransom, Feb. 6th, 1853. Journal N. Y. Prov. Cong., i. 84, 95 ; ii. 53, 54, 
68. Am. Archives, Fourth Series, voL ii , col. 1796, 



644 HISTORY OF EASTERN VERMONT. 

to the American colonies, probably about the year lYTO. From 
mannscript plottings prepared by him, which are still extant, 
it is evident that his knowledge and practice as a surveyor 
were accurate and extensive. But of these facts more definite 
evidence exists. On the 12th of March, 1772, he issued at 
Philadelphia the printed prospectus of a work which he was 
then preparing, to be entitled " The Complete Surveyor." To 
this paper were afiixed recommendatory notices from the Right 
Honorable, the Earl of Stirling, Lieutenant-Governor Cadwal- 
lader Golden, Mr. Rittenhouse, and Mr. Lukens. From a let- 
ter which he wrote while a prisoner at Fairfield, Gonnecticut, 
to John McKesson, secretary of the New York Provincial Con- 
gress, dated February 29th, 1776, it appears that the work was 
still unpublished. Having, in this communication, requested 
to be released on parole, if no other better relief could be 
afibrded, he added : — " You may mention what you choose in 
the parole, but I would choose, by all means, if possible, to be 
at New York or Philadelphia, where I may finish my intended 
publication on surveying, which you well know is allowed by 
all parties to be a matter of great actual service to America." 
Of the volume — published or unpublished — nothing further is 
known.* 

On the 25th of June, 1773, he married Rebecca, the eldest 
daughter of Gol. Samuel Wells, of Brattleborough, and soon 
after left the service. Becoming a resident of Cumberland 
county, he was appointed, on the 7th of March, 1774, clerk of 
the court, that office having become vacant by the resignation 

* That he was at one period employed as a surveyor on the New Hampshire 
Grants, is evident from the f«jllowing extract, taken from " The Natural and Po- 
litical History of the State of Vermont," a work by Ira Allen, which was pub- 
lished at London in the year 1798. 

" In the summer of 1773, Mr. Ira Allen, with three men, went from the block 
fort on Onion river, in pursuit of a Mr. S. Gale, wlio, with a number of men, was 
surveying in the district of the New Hampshire Grants, for the land jobbers of 
New York. Allen and his party traversed the district from east to west, through 
the townships of Waterbury, Middlesex, and Kingsland, to Moretown, alias Brad- 
ford, and Haverhill ; and, at length, obtaining information of the surveyor's des- 
tination, they procured provisions and some spirits, and went again in quest of 
him. They discovered his line, and, by that, followed him to near the north-east 
corner of the present town of Montpelier. Here it ended, and he could not be 
traced further, because, being apprised of his danger, he made a corner on dry 
land, and thus precipitately escaped, and Allen came to the corner an hour after 
he fled. On the sixteenth day they reached the block fort, wher.ce they sat out." 
—pp. 45, 46. 



CX3NDUCT AT THE "WESTMINSTER MASSACRE." 645 

of Crean Brush. In a description of the General Assembly of 
New York, given in tlie Connecticut Courant, under the date 
of April 10th, 1775, it is said of Brush that he " sold the clerk- 
ship of the county to Judge Wells's son-in-law." Of the truth 
of this statement, there are now no means of judging, but it is 
safe to conclude that it is greatly exaggerated, if not wholly 
false. On the 5th of May, 1774, Mr. Gale was honored w^ith 
another mark of favor, in receiving a commission, authorizing 
him to administer the prescribed oaths to all persons appointed 
to office in the county. 

Notice has already been taken of his conduct on the memo- 
rable evening of the 13th of March, 1775. Warmly attached 
to the royal cause, and deeming those who should rebel against 
constituted authority as worthy of the direst punishment, his 
indignation knew no bounds when he saw the yeomanry whom 
he had been accustomed to regard only in the light of obedient 
subjects, demanding redress for wrongs, which, doubtless, ap- 
peared to him more imaginary than real, and enforcing the 
demand with manifestations whose import could not be mis- 
taken. Actions performed in a moment of excitement cannot, 
however, be regarded as criteria of character. The few lines 
which are devoted to Mr. Gale in the account of the " West- 
minster Massacre" prepared by Reuben Jones, are, so far as 
they are intended to represent the actual disposition of the in- 
dividual, entirely at variance with truth, and unworthy of the 
page of history. " Jones's sketch," a gentleman* of high 
respectability has observed, " conveys as false an impression 
of Mr. Gale as the daguerreotype would convey of the ele- 
phant which should represent that noble animal while his mouth 
is wide open to receive fruits." On the da}^ following the out- 
break, Mr. Gale was imprisoned in the jail at Westminster, and 
there remained until the 19th of March, when he was taken to 
Northampton, Massachusetts, where he was kept in confine- 
ment from March 23d to April 6th, when he obtained his re- 
lease, and repaired to New York. 

Here he continued to reside, his family having joined him. 
until February, 1776, when he was seized at night in his own 
house, and conveyed to a guard-house at the upper barracks in 
the city, where the troops from Connecticut were quartered. 
Thence he was soon after removed to Fairfield jail, in Connecti- 

* Rev. Canon Micajah Townsend, of Clarenceville, Lo-wer Canada. 



6i6 HISTORY OF EASTERN VERMONT. 

cut, where he was placed in close confinement. Hoping to 
obtain his release, he wrote to John McKesson, secretary of the 
Provincial Congress of New York, requesting him to interfere 
in his behalf. His letter, dated the 29th of February, evinced 
by its style and expressions the honorable character of the 
writer. " You well know," he remarked, " that my sentiments 
have been uniform and steady, even if erroneous ; and, there- 
fore, I conceive myself entitled, at the least, to the privileges 
and protection which, by the laws of all Christian nations, are 
granted to prisoners of war. I call it prisoner of war, not as 
being an enemy in heart to any man breathing, but as being 
by birth and education one of that country between which and 
this country a war subsists. Let me request that I may either 
be allowed the privilege granted by all Christians to a j^risoner 
of war ; or else the birthright of a British subject — the writ 
of habeas corpus^ He declared his belief that a design against 
his person had been formed by some of the inhabitants of Cum- 
berland county, and referred to a document which had been 
drawn up in vindication of his own conduct, and that of the 
sheriff and posse, during the affray at Westminster. He de- 
scribed his place of confinement as " a common jail, where the 
cold wind through the bars (for the windows are not glazed) 
far exceeds the warmth of all the fire that is obtained," and 
asked to be accommodated with " a genteeler apartment." 

This letter was considered by the New York Provincial Con- 
gress on the 5th of March, and the seizm'e of Mr. Gale was 
declared to be " a wanton act of military power, inconsistent 
with that liberty for which the colonists are contending." On 
the following day. Congress wrote to Maj.-Gen. Charles Lee, 
notifying to him the facts as they had been presented, and re- 
questing from him a statement of the nature of the charge 
brought against Mr. Gale, in order that proper steps might be 
taken either for his discharge or punishment. In his reply, 
written the same day, Lee acknowledged that the arrest of Mr. 
Gale should have been made by the Provincial Congress, but 
gave as a reason for his conduct the assurances he had received 
from many respectable men, that Mr. Gale was " a most dan- 
gerous man, and ought not to be suffered to remain on Long 
Island," where, as Lee observed, " an enemy is more dangerous 
than in any other spot of America." 

Information of the views of Congress in the matter, was sent 
to Mr. Gale by Secretary McKesson. In his answer, dated the 



LETTEK TO SECRETARY MC KESSON. 647 

12th of March, Mr. Gale referred to a letter which he had writ- 
ten to Col. Benjamin Bellows (in which he had claimed a right 
to the records pertaining to his office as clerk of Cumberland 
county), as being the probable cause of his arrest. His remarks 
on this point were in these words : " Whoever construes the dis- 
liked expressions in mj letter to Colonel Bellows to relate to 
others than those of the county of Cumberland, gives it a con- 
struction which was not thought of by me when I wrote it. I 
am not of opinion that you or many of your body hold their pro- 
ceedings in a much better light than myself; nor can I suppose 
that any one can think me blameable in forbidding a delivery 
of the records to any but myself or deputy." He then stated 
at length what his conduct had been ; that he had scrupulously 
abstained from disobeying the orders of those opposed to Great 
Britaiii ; that he had never been engaged in any " Tory plots ;" 
that the treatment he had received was far from being recon- 
cilable with the principles of liberty ; and closed with this im- 
passioned peroration : " Whether I return to New York or not, 
may the Almighty's will be done ! I flatter myself that, that 
nobleness of heart which characterizes the free-born Briton, 
that spirit in which malice or revenge hath never reigned, add- 
ed to a conscience serene and clear, will enable me to pass 
through the various mazes and labyrinths of persecution, torture, 
or death, with all the patience and resignation of a martyr ; and 
should the apprehensions which I have mentioned grow into 
realities, I shall say with Balaam, ' Let me die the death of the 
righteous ; let my last end be like his !' " 

Meantime, the committee -of the Provincial Congress to 
whom the subject had been referred, reported on the 8th of 
March, that " the sole occasion for apprehending Samuel Gale, 
and sending him into confinement" had arisen from certain let- 
ters in the possession of Col. William Williams, a member of 
the said Congress, and that they knew of no other evidence 
against him. This report was taken up on the 16th of March, 
and, in view of its statements, a resolution was passed, declaring 
the opinion of Congress, that Mr. Gale ought to be forthwith 
released, inasmuch as he had been carried away and imprisoned 
" without any hearing, trial, or adjudication whatever." Notice 
of this decision was communicated to the chairman of the com- 
mittee of Fairfield county, accompanied by a request for the 
immediate discharge of the prisoner. Mr. Gale was informed 
privately, of the resolve, but the committee concluding that 



C-iS IKSrOKV OF EJVSTKKN VEEMOXT, 

they had no jurist lictiuu in the case, i-efused to comply with the 
request. lu a third letter to Secretary McKesson, dated at Fau*- 
field, on the 12th of April, Mr. Gale repeated his application 
for a release, and detailed the reasons why it should be granted; 
described the misery of his situation ; and expressed his views 
upon the merits of the struggle between the colonies and the 
mother country, in terms which bore evidence to the sincerity, 
ability, and honesty of the man. 

" In this intolerable place," he wrote, referring to the prison, 
" the wind, when cold, fairly chills every vein in my body. The 
smoke, when there is fire, not only blinds but nearly suffocates 
me ; and the continual smell of the room has, I fear, tended to 
rot my very vitals. In the morning, I have perpetually a sick- 
ness at the stomach ; about noon comes on a fever, which in 
about three hours is succeeded by an ague, sometimes more and 
sometimes less violent. Every one of these intolerable tortures 
were so inexpressibly increased by the excessive weather of 
Saturday the 30tli ult., that they introduced thoughts and ex- 
torted expressions too wild to mention in cooler moments." 
Turning then to a consideration of the death whose " slow ap- 
proaches, inch by inch," he could not fail to perceive, he re- 
marked : " Though I conceive it a duty incumbent on every 
man, to use his endeavors for the preservation of his life, yet I 
never viewed death through so horrible a medium as some men 
do. I have lately learned to consider it as a matter of relief, 
rather than as a punishment. To leave the wife of my bosom 
a disconsolate widow, and the babes of my loins without a 
helper, is doubtless an unhappy reflection. But I am of opinion 
that a single stroke, however violent, would in the end be less 
grief to those I leave behind me, than a continuation of that 
suspense and anxiety of mind with which they are now totally 
overwhelmed." Do " some of my persecutors," he exclaimed, 
" want to dip their hands in the blood of a martyr? If so, it 
would in my opinion be far less criminal, both in the sight of 
God and man, for them to let it flow in decent streams than 
thus, with dastardly meanness, to drag it from me drop by drop." 

A few days after this letter was written, Tliaddeus Burr, the 
sheriff of Fairfield county, received the resolve of the Provin- 
cial Congress and released his prisoner on parole of honor. In 
a letter to General Washington, dated the 19th of April, Burr 
notified the course he had pursued, and asked for directions. 
Of Mr. Gale, he remarked : " He is an EngKshman, a gentle- 



ATTACHMKNT TO BEITISH KULE. 64:9 

man of good education, and possessed of high notions in favor 
of his native country ; is frank and open in declaring his senti- 
ments, but says he never has been, or will be active against the 
colonies." From an entry in the Journal of the New York Provin- 
cial Convention, under date of September 16th, 1Y76, it seems 
that Mr. Gale was then in the city of New York, and that he 
had been brought thither, by order of the New York Committee 
of Safety. In behalf of th« Convention, James Duane and Ro- 
bert Yates were appointed to examine him. To this committee 
Eobert Harper was added on the ITth of September, and Col. 
"WiUiam Allison on the following day. On the 21st, a commit- 
tee was constituted for the express purpose of detecting and 
defeating conspiracies, and to them the examination of Mr. 
Gale, was finally referred. The immediate result of their in- 
vestigations is not known. Ultimately, Mr. Gale was released 
from his parole of honor, and restored to liberty. 

His sufferings, while in confinement, had not tended to lessen 
his hatred of the "rebel" cause, but on the contrary had 
strengthened his attachment to the government in whose behalf 
he had endured so many privations. Experience had also 
taught him, that he was ill-prepared to engage in civil commo- 
tions. Desirous of avoiding a repetition of scenes which, to 
him, had been fraught with sorrow and distress, he prudently 
removed mth his family to Quebec, where he received the ap- 
pointment of Provincial Secretary, under the administration of 
Governor Prescott. He subsequently accompanied his Excel- 
lency to England, to defend him with his powerful pen, in the 
difiiculties which had arisen in connection with the Council in 
Canada. He had w-ritten and published an elaborate work en- 
titled, " An Essay on Public Credit," involving many abstruse 
and extensive mathematical calculations on finance, having for 
its object the gradual extinguishment of the national debt of 
England. This work he presented for adoption to Pitt, then 
Chancellor of the Exchequer, by whom its correctness was ad- 
mitted and its principles highly approved ; but who found it 
easier to jjut off the learned author with a pension for life, than 
to meet the public creditors with this book of financial reform 
in his hand, which might have cost him his place. In 1803 or 
180-1, Mr. Gale rejoined his family in Canada, where he lived 
in retirement, and died at his country residence in Farnham, 
on the 27th of June, 1826. He left a daughter, since deceased, 
and a son who has been an eminent lawyer and a judge of 



650 mSTOEY OF EASTERN VERMONT. 

King's Bench, at Montreal, where he now lives retired and re- 
spected. 

Mr. Gale possessed an intellect of more than ordinary strength, 
and his writings were always pregnant with thought, and lucid in 
expression. In disposition, he was amiable and forgiving ; in 
manners, polished and gentlemanly ; in character, ingenuous, 
honorable, and conscientious.* 




JOHN GEOUT 

THE second son and third 
child of John Grout, who 
was the father of fourteen 
children, was born at Lu- 
nenburgh, Massachusetts, 
on the 13th of June, 1Y31. There he probably resided until 
he was thirty-live or thirty-six years old. The first intimation 
relative to any intention on the part of Grout to remove from 
Lunenburgh, is found in a letter signed by one James Putnam, 
dated at "Worcester, Mass., September 3d, 1766, and written, 
as would appear from its contents, to some person resident on 
the I*^ew Hampshire Grants. In this letter Putnam eajs : — 
" Grout is desirous of setthng in that part of the world where you 
live," and, in reference to his qualifications, adds, " he seems to 
have a peculiar natural talent for doing business at law and in 
courts." Grout did not change his abode immediately, for by a 
receipt dated April 22d, 1768, it appears that he was at that 
time, at Lunenburgh. It is probable that he soon after remov- 
ed to the " Grants," and this opinion is strengthened by the 
fact, that he was at Charlestown, New Hampshire, in the fol- 
lowing August. Before leaving the home of his nativity, he 
had married, and in the rapid increase of his family, had already 
shown a laudable desire to emulate his father. His advent was 
not hailed at Windsor, the place he had chosen for his new 

* Journal of N. Y. Prov. Cong., i. 339, 340, 343, 347, 365, 627, 629, 630, 639 : iL 
119, 120, 178, 179, 183, 184. Am. Arch., Fourth Series, vol. v. cols. 341, 355, 390, 
865-867, 991. Letter from the Rev. Canon Micajah Townsend, dated Clarence- 
ville, C. E, July Ist, 1856. 



KEDUCED CIKCUMSTANCES OF JOHN GROUT. 651 

abode, with that enthusiasm which is so grateful to the vohm- 
taiy exile. On the contrary, tlie inhabitants of the little town 
i-egarded his coming as an imfortunate occurrence. Scarcely 
was he settled, when Nathan Stone, the justice of the peace, 
received a notice from Zedekiah Stone and Joseph Wait, the 
overseers of the poor, in which they stated that complaint had 
been made to them " by the principal inliabitants" of Windsor, 
that " John Grout and his wife, and family of five or six chil- 
dren" who had lately arrived, were " likely to become charge- 
able to the town." On this account, and to gratify the pauj^er- 
hating people of Windsor, the overseers prayed that a warrant 
might be issued for the removal of said Grout and his family. 

Their prayer was granted, and Benjamin Wait and Ezra Gil- 
bert were authorized to command the immediate exodus of the, 
penniless lawyer and his dependents. Information of the course 
which the town authorities intended to pursue having been 
given to Grout, he, on the 22d of April, 1769, endeavored to 
obtain a stay of proceedings from the ofiicers who had been sent 
to remove him. To this end, he gave a written promise, that 
if permitted to remain a few days longer, he would, at tlie end 
of the specified time, be ready with his family, " at nine of the 
clock in the forenoon" at his " dwelling-house in Windsor," " to 
be carried out of town." In case this request should be granted, 
he declared "on honor, and as a lawyer," that no harm should 
come of it, either to the town or its ofiicers. It is probable that 
the days of grace were given, and it would also appear that 
when these had passed, he had made some arrangements for re- 
maining in Windsor. He was tliere on the 27th of May follow- 
ing, and from a deposition made on the 31st of the same month, 
by Simeon Olcott, an officer of that town, it seemed that there 
was at that time, " not any copy of a warrant of any kind" in 
his hands against Grout, issued at the instance of Windsor people. 
On the 5th of June following, Elijah Grout, a younger brother, 
testified to a similar statement. Grout next appeared at Chester, 
of which place he was a resident in February, 1770. The events 
previously recorded, in which he had acted so prominent a 
part, liappened during the summer of that year, and proba- 
bly afforded sufficient exercise for the restless disposition of 
the unfortunate Grout.* About this period his son, " a lad of 
thirteen years of age," ran away from the paternal roof, and the 

* See ante, pp. 161-168. 



652 HISTORY OF EASTERN VERMONT. 

notice of this event wliicli Grout published in the papers, and 
requested " all printers on the continent" to copy, was headed 
in staring capitals " Stop Thief ! Stop Tliief !" Notwithstand- 
ing the disrepute in which he was held by many, he obtained 
some business, and it appears on the 8th of March, 1771, he 
supplanted Thomas Chandler, one of the most influential men 
in Chester, as the attorney and land agent of Cornelius Yanden- 
bergh, of the city of New York. 

Grout endeavored to obtain an impartial execution of the 
laws relative to the cutting of ship-timber, and was diligent in 
informing John Wentworth, the surveyor-general, of the short- 
comings of his deputies. His zeal does not appear to have met 
with the reward it deserved. In a bond dated the 17th of April, 
1773, given to Daniel Whipple, the sherift' of Cumberland 
county, Grout, in answer to a citation, agreed to appear in the 
city of New York on the third Tuesday of that month, to 
" answer to Richard Morris in a plea of tresjDass." From ac- 
companying chcumstances, it would seem that the trespass with 
which he was charged was the destruction of his Majesty's 
masting trees. He was not unfrequently sent with dispatches 
to distant places, and was always careful to execute his com- 
missions with fidelity. On the occasion of a riot in Putney, 
early in the year 1772, he bore the intelligence of the disturb- 
ance to the city of New York. In the letter which he carried 
on this occasion to Governor Tryon, dated the 29th of January, 
Judge Lord, the writer, after -detailing a narrative of the 
tumult, referred to Grout in these words : — " I have yet to 
crave your Excellency's patience and leave to recommend to 
your Excellency's favour Mr. John Grout, attorney-at-law, who 
hath suifered much by persons enemical to this government, 
and to him, on account of his firm attachment to it, and endea- 
vours to maintain good order and justice therein. Truth itself 
obliges me to say, that his practice as an attorney in this county, 
has always entitled him to the good opinion of the court and 
the best gentlemen in the county, as I apprehend, although riot- 
ous persons and parties, friends to New Hampshire and ene- 
mies to good order, have given him much trouble, which he 
has borne with great magnanimity, and strove in a legal and 
dispassionate way to overcome. Your Excellency, being per- 
fectly humane, will delight in protecting him." This extract 
represents Grout in a difterent aspect from that in which he has 
previously appeared. He was, it would seem, a warm sup- 



rNSTEADT SENTIMENTS OF GROUT. 653 

porter of tlie claims of New York to the " Grants," .and on this 
account was shabbily treated by those who adhered to the New 
Hampshire faction. An unhappy disposition, and a turn for 
pettifogging, were not the best equipments with which to meet 
this opposition, and yet these were the weapons which Grout 
appears to have brought to the combat. 

Previous to the commencement of the Revolution, Grout ex- 
pressed sentiments in opposition to the acts of the British mi- 
nistry, and at a meeting held in Chester on the 10th of October, 
1Y74, was chosen by the patriotic citizens of that town a mem- 
ber of a committee, who were directed to join with the general 
committee of Cumberland county, in preparing a report con- 
demnatory of the late acts of Parliament, to be sent to the New 
York committee of correspondence. His patriotism appears, 
however, to have been of short duration. A letter attributed 
to him, written from the " South-east part of Cheshire county, 
March 10th, 1775," contains the most violent and obscene ex- 
pressions relative to the " damned Whigs." Still, his views 
cannot be determined by this production, for, although the first 
impression which one would derive from its perusal, is that the 
writer, whoever he might have been, was a vile blackguard, 
destitute of principle, and unscrupulous in the expression of his 
opinions, yet a more careful examination suggests the idea that 
the communication might have been intended as an allegorical 
declaration of sentiments in favor of a revolutionary movement. 
Tliis notion is supported by the closing paragraphs of the letter, 
which are in these words : — 

" Be assured, Sir, that our Honored Master Beelzebub 
waited upon me yesterday, and Commanded me to write to you 
and Inform you, that it is his Royal will and pleasure, that you 
play Hell with the Court that shall set at Westminster next week. 

" From your Friend and Brother, 

" Apollyon. 
" To the Faithful and Dearly beloved 
"Dr. Jones 

" P.S. Please to read this Epistle to all the Faithful Bre- 
thren and salute them, Charles Phelps and Doctor Harvey in 
particular, with a kiss of love." 

Tliree days after the date of this letter, the courts were broken 
up at Westminster, and on that occasion. Dr. Reuben Jones, 
of Rockingham, and Dr. Solomon Harvey, of Dummerston, 
were prominent leaders among the Whigs. 



654 HISTORY OF EASTERN VERMONT. 

On the 12tli of April, 1775, Grout, who had been imprisoned 
for debt, received "his liberty" from Benjamin Archer, imder- 
keeper of the jail at Westminster. Previous to this, he had 
satisfied certain j udgments which had been obtained against him. 
His escape from this Scylla of confinement did not enable him 
to avoid the Charjbdis of the people's hate. Having been de- 
nounced by John Chandler, and Thomas Chandler Jr., of Ches- 
ter, as an enemy to his country, he, according to his own state- 
ments, was threatened by some with death, and by others with 
tortures " at the hands of the Green Mountain Boys." In this 
emergency, he declared his innocence of the crime charged 
against him, and wrote to Col. John Hazeltine, the chairman 
of the Cumberland county committee of correspondence, and 
to the chairman of the Walpole committee of inspection, for 
protection. He also made known his situation to the Bev. 
Samuel Whiting, of Chester, and begged him to use his influence 
" with these mad people," and thus save the county from be- 
coming " an Aceldama or field of blood." In the latter part 
of the month of May, while confined to his bed by a fever, a 
party of men entered his dwelling, headed by Thomas Chand- 
ler Jr., and endeavored to drag him out of doors, but were 
prevented by the efforts and entreaties of his wife and his 
" good neighbours." On the following morning they renewed 
the attempt, and, having taken him about half a mile from his 
house, threatened to strangle him, but were induced to desist 
from executing this design. Having, through the efforts of his 
friends, regained his liberty, he claimed protection from the 
county committee. The chairman of that body thereupon or- 
dered Chandler to desist from all attempts to injure Grout, 
which order Chandler promised to obey. 

Though freed in this manner, from the annoyances to 
which his suspicious conduct had subjected him, he could not 
resist the temptation of disturbing the peace of the county. To 
effect this end, he commenced an epistolary attack upon the 
chairman of the committee of correspondence. Col. John 
Hazeltine. In a letter to this gentleman written from the 
" County of Hampshire, Province of Mass**^ July 10th, 1775," 
Grout accused him of presiding over the deliberations of a 
body of men whose acts were tyrannical, and whose conduct 
was contrary to every principle of right. He further declared, 
that it was for this cause " that a great many of the best peo- 
ple in the county of Cumberland who are substantial friends to 



"memorial and petition." 655 

the Liberties of the people and the Sacred Rights of Mankind, 
and who are even willing to seal their Love of their Country 
with their Blood in Defence of it, Groan under the weight of the 
Oppressions of that Lawless Banditti of men, who having first 
put a stop to the Course of Civil Justice under the assumed 
name of sons of Liberty, are destroying not only the Semblance, 
but even the substance and shado"vy of Liberty itself." In this 
style he continued through a long communication, to abuse the 
officers of Cumberland county, who in this time of emergency 
were directing their best efforts to secure to the people their 
rights, and to defend them from the machinations of Loyalists 
and Tories. 

Later in the year, he addressed a " Memorial and Petition" 
to the " inen that are assembled at Westminster in the County 
of Cumberland, who call themselves a County Congress." In 
this remarkable production he accused the representatives of 
the people of usurpation and oppression ; pictured their 
temporary government as a despotism ; and branded their 
chairman as a tyrant. After detailing a few instances, in which 
they had been obliged for the good of the community, to exer- 
cise dictatorial powers, he continued in this strain : — " You pro- 
ceeded on other business equally Infamous and Rascally, and 
then, like the Rump Parliament, adjourned yourselves. But 
your Sovereign, Col. Hazeltine, thinking good to call you to- 
gether before the time you was adjourned to, did do it, and you 
met on the 15th of August Last, and Proceeded to business. 
And why should you not? The King, by the Constitution, has 
a Right to call, adjourn, prorogue and dissolve parliaments. 
King Hazeltine did Right in calling you together before the 
Time you had adjourned yourself to. This was to Let you 
Know he was your King, and it was no more than duty to Obey 
your Prince. Indeed, it must be confessed it was a rascally 
Trick in you ever to adjourn yourselves, for that was an In- 
fringement of your King ilazeltine's Prerogative, for the King 
by his Prerogative has the sole Right of adjourning Parlia- 
ments." The closing paragraphs of this memorial, although 
abounding in bombast and fustian, are sufficiently curious to 
warrant their presentation in this connection. " As for myself," 
wrote this conceited but witty poltroon, " I belong to another 
order of men, who will neither Joyn with you, nor Oppose you. 
For why should I run with the Wind ? Sm-ely, if I should, it 
will outrun me. Or why should I fight with the wind ? Surely, 



656 HISTOKY OF EASTERN VERMONT. 

there is not so much substance in the Skull of it, as that I could 
beat its Brains out with a Beetle. Surely, I will content myself 
with bearing your Blow, and will Say, Whoo-Kaugh, Whoo- 
Raugh to yom- mighty Eushing. After a mighty wind comes 
a calm. 

" Your petitioner most humbly prays, that you would be 
graciously pleased to annihilate yourselves, and Eeturn into 
your Primitive Nothingness, unless the Good People of the 
County shall please to employ you about something. 

" But, oh, mighty Chaos, if you wiU. not condescend to grant 
this petition, I have another to make, which I beg of you not 
to deny me, which is this, that your almighty Nothingships 
would be pleased to Honour your Petitioner, who heartily 
Despises you, by making him first General and Commander-in- 
Chief of all your despisers, that so he may be at the head of 
nine-tenths of the good people of this county. And your Peti- 
tioner as in Duty bound shall ever pray." 

In the fall of the same year, he was brought before the com- 
mittee of Chester, on a charge which had been preferred 
against him of speaking disrespectfully of the Continental 
Congress and the county committee. A quarrel having arisen 
among the members in respect to the manner in which the 
trial should be conducted. Grout refused to make any defence, 
and remained wholly inactive during the proceedings. By a 
portipn of the committee, he was adjudged to be an enemy to 
his country. From this decision he appealed to the county 
committee. The subject came before them on the 29th of No- 
vember, but they refused to sustain the appeal, and ordered 
him to withdraw it. At another meeting held on the 24th of 
July, 1776, a complaint was exhibited by John Chandler against 
Grout. The members being unwilling to act upon it, referred 
it, at first, to the Chester committee, but by a subsequent vote 
recalled the reference and resolved to receive Grout's answer at 
their session in the following November. On the 8th of that 
month, a complaint against Thomas Chandler, Jr., was pre- 
sented by Grout, to the county committee, accusing him of mal- 
treatment, " After maturely deliberating upon the case," the 
committee ordered Chandler to pay to Grout " the sum of Six 
Pence, York Currency." The costs of the investigation were 
divided equally between them, and both were " Reprimanded 
by the Chairman in presence of the whole Board." Grout 
suflered on other occasions from the patriotism or maliciousness 



TRAGIC FATE. 657 

of the Chandlers, and through their influence and that of 
others connected with them, he was taken prisoner at Charles- 
town, New Hampshire, on the 27th of December, 1776. On 
the 2d of June, 1777, he was a resident of Chester, but soon 
after removed to Montreal, where he assumed his true charac- 
ter, that of a British subject, and is said to have become " a 
distinguished lawyer."* 

He resided in Canada during the remainder of the war, and 
probably for several years after its close. His end was as tragic 
as his life had been turbulent and unhappy. With a large sum 
of money in his possession, which he had collected for some per- 
son residing in one of the states, he left Canada for the purpose 
of conveying it to the owner, and was never afterwards heard 
of. For a long time it was suj)posed that he had been drowned 
in crossing Lake Champlain. Many years after his sudden dis- 
appearance, a man was convicted of some crime punishable by 
death. Previous to his execution he acknowledged his guilt, and, 
in detailing the dark transactions of his life, confessed that he 
had murdered John Grout for the purpose of obtaining the 
money which he carried. He also described the place where 
he had buried the body. A search having been instituted, 
human bones were found at the spot he had designated. 

Hilkiah Grout, whose name has occurred in these pages, was 
a brother of John, and was born at Lunenburgh, Massachusetts, 
on the 23d of July, 1728. He lived for many years on the banks 
of Black river in the town of "Weathersfield, in Windsor county, 
Vermont, and there died, leaving a large family of children. 
Some of these were born previous to the time when his wife 
and some of her family were carried captive to Canada. Others 
were born after her return from bondage. 

Elijah Grout, another brother, born at Lunenburgh, Massa- 
chusetts, passed the greater part of his life, and died, at Charles- 
town, New Hampshire. 

Jonathan Grout, born also at Lunenburgh, a third brother of 
John, resided at Petersham, Massachusetts. He obtained the 



* By an act of the General Assembly of Vermont, passed in February, 1779, 
those persons who had voluntarily left that state, or any one of the United States, 
and " joined the enemies thereof," were forbidden to return to Vermont. Accom- 
panying this act were the names of one hundred and eight persons to whom its 
provisions particularly referred. In the list appeared the name of John Grout 
of Chester.— Acts and Laws Gen. Ass. Vt., Feb., 1779, p. 72. Slade's Vt. State 
Papers, pp. 355, 356. 

42 



658 HISTORY OF EASTERN VERMONT. 

charter of Lunenburgli, a town in Essex county, Yermont, and 
owned nearly all the territory comprised within its limits.* 



LOT HALL 




\^ 



WAS born at Yarmouth,in 
Barnstable county, Mas- 
sachusetts, in the year 
1757. Of his youthful 
days little is known. It is certain, however, that he enjoyed 
all the advantages of a good school education, and that he dili- 
gently improved whatever opportunities were offered him of 
obtaining information. At the commencement of the revolu- 
tionary war, he warmly espoused the cause of the colonies, and 
eagerly awaited the hour that should see him engaged in the 
service of his country. 

In accordance with a resolution of Congress, passed on the 
18th of July, 1775, recommending to each colony, to provide 
for the protection of its harbors and navigation, " by armed ves- 
sels, or otherwise," South Carolina endeavored to render her 
maritime position more secure. On the 16th of January, 1776, 
the delegates from South Carolina informed Congress that their 
colony, " being in want of seamen, had given orders to offer 
high wages to such as would engage" in her service, and desired 
the advice of Congress on the subject. The committee to whom 
the matter was referred, reported on the 19th, recommending 
to Captain Robert Cockran who had been sent from South Ca- 
rolina to obtain seamen, to offer to each able-bodied seaman, 
who would enter the service of that colony, wages at the rate of 
$8 per month, an immediate bounty of $9, and upon reaching 
South Carolina, a further bounty of $5. The captain was com- 
mended to the favor of Washington, who, on the 30th of Ja- 
nuary, promised to "give him every assistance" within his 
power. 

In the month of May following, young Hall procured enHst- 
ing orders from Elijah Freeman Payne, who was then the lieu- 

* MS. Records, Cumberland Co. Com. Safety. Grout's MS. Letters. Letters 
from Harry Hale, Esq., of Chelsea, Vt , December Ist and 17th, 1852. Doc. Hist 
N. Y., iv. 758, 759, 766. ■• 



NAVAL SUCCESS, 659 

tenant of a twenty-giin ship lying at Charleston, South Caro- 
lina, commanded by Captain Cockran. This ship, which was 
called the Kandolph, had been fitted out by South Carolina, as 
a part of her proportion of the continental navy, and in accord- 
ance with the recommendations of Congress, which had been 
adopted on the 18th of July, 1775. Payne had promised Hall a 
lieutenancy in the marine department, provided the latter should 
enlist fifteen men and transport them to Providence, Khode 
Island. Entering upon his task with energy, and determined 
to win the station wliich had been offered him. Hall in a short 
time enlisted twenty-nine men and a boy, residents of Barn- 
stable county, and having procured a schooner, commanded by 
Capt. Samuel Gray, conveyed his recruits to the place ap- 
pointed. He then went to Stonington, Connecticut, where he 
purchased six small cannon of Joseph Dennison, and returning 
to Providence obtained a schooner of about fifty tons burthen, 
belonging to Clark and Nightingale, and, with his men, sailed 
for Stonington, to take on board the cannon. Becoming con- 
vinced by this short trip, that the schooner would not carry 
sail sufficient to render her serviceable, either in giving chase, 
or in conducting a retreat, he procured another at Stonington 
named the Eagle. This vessel was immediately fitted out with 
provisions and w^arlike stores, and in her Captain Payne and 
Lieutenant Hall put to sea, in the month of June, with the 
intention of making a cruising passage to Charleston, where 
they and their men were to j oin the Randolph. 

The commencement of the expedition w^as attended with 
success. Three prizes were taken — the Venus, George Collas, 
master, on the 23d of August ; the Caledonia, Alexander Mc- 
Kinlay, master, on the 30th of August ; and another vessel the 
name of which is not known. These were manned wdtli sea- 
men from the crew of the Eagle, and the little fleet set sail for 
the port of Boston, where the Yenus, under the charge of Wait 
Rathburn, prize-master, arrived on the 20th of September, and 
the Caledonia, under the charge of Nathaniel Thompson, prize- 
master, on the 23d of the same month. As the Eagle was con- 
voying in the third prize, she (the Eagle) fell in with and cap- 
tured the ship Spears, from the bay of Honduras bound for 
Glasgow, Scotland. The Spears being short of provisions, it 
was deemed advisable to increase her supplies, and to transfer 
to her all the prisoners on board of both the Eagle and the 
prize then under convoy. This was accordingly done, and by 



660 HISTORY OF EASTEKN VEKMOXT. 

the direction of Captain Pajne, Lieutenant Hall, as prize-mas- 
ter, took the command of the Spears, with orders to keep com- 
l^anj with the Eagle. For this purpose he was furnished with 
private signals, by the help of which he was enabled to pursue 
the prescribed course for ten days, when the vessels were sepa- 
rated " by a hard gale of wind and foggy weather." Captain 
Payne, in the Eagle, succeeded in reaching Boston, and on his 
arrival delivered to the proper authorities Captain Lamont of 
the Spears, whom he had taken prisoner. 

Soon after the Spears separated from the Eagle, the prisoners 
on board the former vessel mutinied. Lieutenant Hall's men 
were so few in number that they were unable to quell the dis- 
turbance, and, on the 13th of September, he was deprived of 
the command of the ship. The mutineers then held a long 
consultation, and agreed to make for Newfoundland for the 
purpose of procuring provisions. On reaching the Banks, they 
fell in with a brig from' Falmouth, England, and from her cap- 
tain, who was of course friendly to the cause of Great Britain, 
they obtained supplies. From Newfoundland they set sail for 
Glasgow. On arriving at that port, on the 13th of October, 
Lieutenant Hall was taken into custody by the authorities of 
the city, and confined in prison. Having learned that the 
Mayor of Glasgow was a free-mason. Lieutenant Hall informed 
him by letter that he was a member of that brotherhood, and 
craved his assistance. He soon after was visited by the mayor 
in person, who obtained for him an extension of the liberties of 
the prison to a circuit of two miles ; provided him with clothes 
and writing materials ; and invited him to dine at his mansion. 
From this gentleman Lieutenant Hall received many favors 
which tended to lessen the tedium of durance, and he ever 
after retained the profoundest sentiments of gratitude and 
esteem towards his noble benefactor. 

On the fifth of April, 1777, Captain Lamont of the Spears 
arrived at Glasgow, and Lieutenant Hall was discharged from 
imprisonment, but no provision was made to enable him to 
procure a passage home. Finding a vessel belonging to an 
American citizen and engaged in the revenue service, he em- 
barked on board of her, and at the Isle of Man, and at White- 
haven also, endeavored to obtain a passage either to France or 
the West Lidies, but was unsuccessful. Returning to Scotland, 
he took passage to L-eland, where, according to his own declara- 
tion, he " found the people very kind and civil, as well as warmly 



UNSUCCESSFUL APPLICATION TO CONGRESS. 661 

attached to tlie American cause." Having revealed to them 
his circumstances and condition, they provided for him " in a 
genteel manner " until the following August, when he sailed in 
the ship Glorious Memory for the West Lidies, and arrived at 
Barbadoes in October. Thence he took passage for Antigua, 
and from that port sailed to St. Eustatia. Here he met with 
Captain Hinson of the Duke of Grafton, on board of which 
vessel he sailed for Yirginia. "When within Capes Charles 
and Henry, the Duke of Grafton was captured on the 28th of 
December by the St. Albans, a British nian-of war of sixty-four 
guns, commanded by Robert Onslow, then lying in Hampton 
road, and Lieutenant Hall was again made prisoner. During 
the time of this second captivity, which lasted but ten days, his 
sufferings on board the St. Albans were " everything that Bri- 
tish insolence and cruelty could inflict, short of actual violence." 
Through the interposition of Patrick Henry, then Governor of 
Virginia, Lieutenant Hall was exchanged, and having been 
provided by his Excellency with a horse and money, set out on 
his journey home. 

On reaching Pennsylvania, his money being exhausted, he 
presented a memorial to Congress on the 23d of January, 1T78, 
in wliich he recounted the scenes through w^hich he had passed 
during the eighteen months preceding, and asked either for a 
situation on a continental vessel, or means sufficient to enable 
him to reach Boston. The subject was referred to the marine 
committee, but no record of their report appears on the pages 
of the Journals of Congress. By the assistance of his friends, 
and his " utmost exertions," he reached Barnstable on the 22d 
of February following. For these services he afterwards 
endeavored to obtain the " pay allowed by the then naval 
establishment to officers of his rank," but failed to receive the 
well-earned reward. Many years after his death. Congress 
recognized the justice of the claim he had presented, and 
awarded to his descendants a portion of that remimeration 
which he should have received for his valuable services in 
behalf of his country. 

On returning from captivity, Mr. Hall commenced the study 
of law at Barnstable, in the office of Shearjashub Bourne. 
Here, it is supposed, he remained until the latter part of the 
year 1Y82, when he removed to Yermont. At Bennington, 
where he at first took up his abode, he remained but a short 
time. La the year 1783 he was at "Westminster, as appears by 



662 HISTORY OF EA8TEKN VERMONT. 

an entry in the records of tlie Council of Yermont, dated on 
the 18th of October in that year at "Westminster, and signed by 
him as aecr etar j pro tempore. On the 13th of February, 1TS6, 
he was married in Boston, by the Rev. John Clark, to Mary 
Homer, of that place.* He afterwards purchased a dweUing on 
the flat, in the north part of Westminster, and by diligent atten- 
tion to his profession, obtained a good practice and an honora- 
ble reputation. He was chosen to represent the town in which 
he resided, in the General Assembly, at the sessions in 1789, 
1791, 1792, and 1808. With Paul Brigham, Samuel Hitch- 
cock, and Lemuel Chipman, he was appointed a presidential 
elector by the General Assembly, at their session in 1792, and, 
with his colleagues, cast the vote of the state for George Wash- 
ington and John Adams. By an act of the General Assembly, 
passed on the 1st of November, 1800, incorporating Middle- 
bury coUege, he was constituted a fellow of that institution,; and 
served in that capacity until the time of his death. In 1799 
he was a member of the Council of Censors, and for seven 
years — ^from 1794 to 1801 — was a judge of the Supreme court 
of the state. 

While holding this latter position, he discharged the duties 
of his office with great fidehty and credit. A charge delivered 
by him to the grand jurors of Windham county, at a session 
of the Supreme court, held at Newfane in the year 1798, was 
described in the " Farmer's Museum," a celebrated newspaper 
of that period, as a production " replete with sound principles 
and the very essence of federalism," and " honourable to its 
author as a politician, as a scholar, and as an ardent federalist." 
" At this juncture," observed the editor of the same journal, 
" we conceive that chai'ges of such a complexion, coming from 
the grave authority of a judge, are eminently impressive, con- 
vincing, and useful." At a session of the Supreme court held 
in Windham county, during the month of August, 1800, Judge 
Hall again charged the grand jury in an able and eloquent 

* At the time of her marriage, Miss Homer, who was an orphan, was only fif- 
teen years of age. Under the title of " A True Story," a very romantic account 
of the circumstances attending her courtship and marriage appeared in the 
"Herald of Freedom," in December, 1789. In this narrative, Ophelia represents 
Miss Homer ; Lysander, Mr. Hall ; and Alphonso a disappointed lover. The 
"True Story" was copied into the "Barnstable Journal" in August, 1829, and 
was reprinted in the " Troy Daily Post" on the 21st of February, 18-15. Mrs. 
Hall outlived her husband many years, and died on the 2 1st of February, 1843, 
aged seventy-two years. 



ELOQUENT EULOGY ON WASHINGTON. 063 

manner. His address on this occasion was subsequently pub- 
lished at their request. In the course of his remarks, he ad- 
verted to the character of Washington, whose death had lately 
occurred, in these words : — 

" Our country has sustained an irreparable loss by the death 
of this greatest and best of men. To bestow on him the epithet 
of great, would be but common praise. His name alone ex- 
presses enough. Tlie simple name of WAsmNGTON will be 
remembered with veneration and respect by posterity, when all 
the titles of human greatness and distinction have sunk beneath 
the stroke of time. All our orators and poets have vied with 
each other to do justice to his merit, and sacred and profane 
history have been ransacked to find his equal. When the 
parallel has been drawn between him and Moses or Solomon in 
sacred history, or between him and the greatest characters, 
both ancient and modern, that profane history can boast, they 
appear but diminished spectres. His deserved fame eclipses 
every other name 

" His character in private as well as public life, is without a 
blemish. He seems to have possessed every accomplishment 
which makes a man either amiable or estimable. His senti- 
ments of religion were noble and elevated. His regard for 
Cliristianity was evidenced by a respectful attendance on its 
instituted forms of worship, and by treating with equal candor 
and indulgence all denominations, without preferring one to 
the other. His gentle and amiable disposition endeared him 
to his private friends. His graceful manners engaged him the 
afiections of all orders of the people. He was one of the most 
accomplished men of the age, and possessed all the great quali- 
ties both of body and mind, natural and acquired, which could 
fit him for the high station to which he attained. The affability 
of his address encouraged those who might be overawed by the 
sense of his dignity and wisdom. Though he often indulged 
his facetious humor, he knew how to temper it with discre- 
tion, and ever kept at a distance from all indecent familiarities 
with those about him. He loved and practised the virtues of 
domestic life, which seldom hold their residence among the 
great. He was chaste and temperate, enjoying without excess 
the social pleasures of the table. All his titles of greatness 
were adorned by the tender name of a faithful husband and 
an indulgent parent, for, though childless himself, he embraced 
as his own the children of his brother and sister, and the ex- 



66^ HISTORY OF EASTERN VERMONT. 

pressions of his regard were extended to the most distant and 
obsciire branches of his numerous kindred. His familiar friends 
were judiciously selected. He respected the good and the vir- 
tuous, who with the innocent were rewarded by his judicious 
liberality, while the more diffusive circle of his benevolence 
was circumscribed only by the limits of the human race. 

" When not engaged in war, he cultivated the arts of peace. 
That he delighted in farming, is evident from his following the 
plough in his native soil, and from the great improvements he 
made in every branch of agriculture. That he wished to be 
useful in ordinary life, was evidenced by his acting as a mem- 
ber of assembly, a magistrate, and sitting as a common juror in 
a com*t of j ustice, in the county where he resided, Washing- 
ton was not stimulated by avarice, fired by ambition, nor did 
he thirst for conquest. It should ever be remembered that he 
was never engaged in any offensive war. ' His whole military 
career is rendered more glorious and resplendent, when it is 
considered that he always fought in defence of his country. His 
mild disposition was ever respected by the good and virtuous, 
while the vigor of his character struck terror into the degene- 
rate and guilty. No more lives were sacrificed under his com- 
mand, than the fate of war rendered inevitable. Although he 
always considered the exercise of strict justice as the most 
important duty of his ofiicial life, yet the exercise of mercy was 
his most delightful employment. Should his enemies doubt 
this, I call on them to read, if they can, without emotion, his 
letter to Captain Asgill, containing the pleasing yet unexpected 
tidings of his enlargement from what he had long dreaded as 
a dismal confinement. 

" Heaven seems to have sent him upon earth, to serve at 
once as an example of that perfection of which human nature 
is capable, and of that happiness it may enjoy in private life — 
and at the same time, to have liberally endowe^i him with those 
public virtues, which sometimes raise human nature above 
itself. In short, notliing seems wanting to grace the perfection 
of his character. He sustained adversity with firmness, and 
prosperity with moderation. Tlie power and sublimity of his 
genius transcended the fame of Caesar, and his consummate 
wisdom and prudence, that of Augustus. His superiority in 
peace, as well as in war, has been acknowledged by all, and 
even his enemies have confessed, with a sigh, his great and 
shining accomplishments, and that he loved his country and 



JUDGE hall's chaeactek. 665 

deserved the empire of the world. Though we cannot expect 
to reach the transcendent height of his public honors and mili- 
tary glory, yet with respect to the exercise of his private and 
domestic virtues, we may in some measure be imitators of him. 
Let us, then, copy his bright example. Let us live and act as 
he advises, and in this way shall we more convincingly evi- 
dence our regard for his memory, than we should, were we daily 
to repair to his sepulchre, and bedew with tears of sincere 
regret, that stupendous monument of our country's salvation." 

While attending the General Assembly, during their session 
at MontpeHer, in the autumn of 1808, Judge Hall was seized 
with a violent catarrhal affection which assumed an incurable 
form, and caused his death on the lYth of May, 1809. In his 
" Descriptive Sketch" of Vermont, published in 1797, Dr. John 
A. Graham observes of Mr. Hall : — He " is one of the judges 
of the Supreme court, which office he fills in such a manner as 
to reflect honour, even on so important a station. His memory 
is so wonderfully tenacious, as to make him master of every 
subject he reads or hears, and to enable him to recapitulate 
them without the slightest hesitation or previous study." As a 
friend, Mr. Hall was constant, confiding, and generous. As a 
citizen, patriotic, public-spirited, and liberal. As a husband, 
obliging, affectionate, and gentle. He was ever ready to assist 
the poor in their misery, and the afflicted in their suffering. 
Nothing aroused more fully his resentment than the oppression 
of the weak by the strong.* His legal abilities were of a high 
order, and were well suited to the times in which, and the peo- 
ple among whom he lived. While on the bench, his opinions 
were prepared with deliberation, and his decisions were ever 
based in justice and right. His fund of anecdote was great, 
and a memory of surpassingly retentive powers enabled him to 
call up on any occasion, incidents illustrative of whatever topic 
might be under consideration. This remarkable faculty, com- 

* An instance of his readiness to espouse the cause of the oppressed "was seen 
in the attempt which he made — at a meeting of the " church of Christ" in West- 
minster, held on the 27th of May, 1795 — to defend Mrs. Bethiah Holton, a mem. 
ber of that church, against whom he thought an imdue severity was being exer- 
cised, on account of her avowal of the belief "that all mankind will finally 
be restored to the Divine favor through the sufferings, death, and atonement of 
Christ." An account of the proceedings on this occasion, and a report of Judge 
Hall's remarks, were published in the " Farmer's Weekly Museum," on the 2d of 
June, and the 7th of July, 1795, and in the "Rural Magazine : or Vermont Repo- 
sitory," for June, 1795. 



666 HISTORY OF EASTERN VERMONT. 

billed with an extensive experience of men and things, and an 
affable disposition, rendered his conversation not only agreeable 
but instructive. Though dying in the fifty-third year of his 
age, his Kfe was an active one, and his personal and political 
influence was felt and acknowledged in the community in 
which he resided.* 



THOMAS JOHNSON. 

In the year 1Y62, Thomas Johnson, then in the twenty-first 
year of his age, removed from Hampstead, New Hampshire, 
to Newbury on the New Hampshire Grants. In the service 
of Col. Jacob Bayley he was entrusted with the care of that 
gentleman's lands, which were situated on the west side 
of the Connecticut, and were subsequently comprised within 
the limits of Newbury. The charter of Newbury was granted 
by Benning Wentworth, on the 18th of March, 1763, and in 
the same year Mr. Johnson became a resident of the town, and 
there purchased lands. At this time there was no road in any 
direction leading from Newbury, and bread-stuffs and all arti- 
cles of furniture, agriculture, and consumption, were brought 
on horseback from the head waters of the Merrimac, or in boats 
from Charlestown, eighty miles below. Tlie new settlement 
rapidly increased in population, and its rich acres were soon 
converted into well-cultivated farms. In the summer of 1775, 
Mr. Johnson, who then owned large tracts of land, and had 
become a successful merchant, built for the accommodation of 
himself and family, a large house, which is still standing, and 
which even at this day, is one of the best and most spacious 
dwellings in the town. 

At the commencement of the Revolution, the inhabitants of 
Newbury, who were nearly all "VVhigs, held a town meeting, 

* Journals Am. Cong., ed. 1823, i. 119, 238, 240. Sparks's "Writings of Wash- 
ington, iii. 270. Almon's Remembrancer, ii. 353: iii. 130: iv. 264, 317. House 
Documents of 26tli Cong., Ist session. No. 58. Deming's Cat. of Vt. Officers, pas- 
sim. Thomas's (Mass.) Spy, Dec. 13th, 1792, No. 1028. Farmers' Weekly Mu- 
seum, or New Hampshire and Vermont Journal, Walpole, N.H., Sept. 3d, 1798. 
Farmers' Museum, or Literary Gazette, Walpole, N. H., August 18th and 25th, 
1800. Graham's Vt, p. 111. Beckley's Hist. Vt, p. 124. Acts and Laws Vt 
1800, pp. 36-40. Ante, p. 453. 



SERVICES OF THOMAS JOHNSON. 667 

and in the most deliberate manner declared themselves inde- 
pendent of Great Britain, and entered the declaration in the 
records of the town. During the latter part of March and ^e 
early part of April, 1776, Mr. Johnson traced out on foot, 
thi'ough an unbroken wilderness and the melting snows of spring, 
a path for a military road from Newbmy to St. John's. His 
journal of the survey was sent to General Washington. The 
object of this examination was to ascertain a practicable and 
short route for the invasion of Canada. Several other explora- 
tions of a similar character were made at this period, but cir- 
cumstances never afterwards favored an expedition which was 
so strongly desired, so long contemplated, and once actually 
organized under La Fayette. In the year 1777, Mr. Johnson at 
that time holding a captain's commission, raised and took the 
command of a company, which served under General Lincoln, 
whose head-quarters were at Manchester, With this distin- 
guished officer. Captain Johnson was for some time connected 
as aid-de-camp. Li September of the same year, General Lin- 
coln sent five hundred men, of whom Captain Johnson's com- 
pany formed a part, to reconnoitre Ticonderoga and Mount 
Lidependence. The former post was taken, and the latter was 
besieged for several days. 

In a letter to his wife, dated the 12th of September, 1777, in 
camp, near Mount Independence, Captain Johnson observed : — 
" I have had little sleep these three nights, for the roaring of 
cannon and the cracking of guns are continually in our ears. 
I must say that I felt ugly when I first heard the firing. I have 
had but few chances of firing my gun at the enemy. When I 
fired the first time, they gave me three for one. Tlie cannon- 
balls and the grape-shot rattle Hke hail-stones, but they don't 
kill men. I don't feel any more concerned here, than I did at 
home in my business." Of the prisoners taken at Crown Point 
during this expedition, one hundred were placed in the charge 
of Captain Johnson, who conducted them to Charlestown, New 
Hampshire, where he delivered them to a continental oflicer, 
who led them into country quarters. Captain Johnson then 
returned to Newbury, where he was actively employed for 
the next four years in improving his estate. During this period 
he was honored by the Assembly of New York with a lieute- 
nant-colonel's commission in the militia. On account of his par- 
ticipation in the transactions at Ticonderoga, Colonel Johnson 
was narrowly watched by the British, who sought to take him. 



668 HISTORY OF EASTERN VERMONT. 

The method of his capture on the morning of the 8th of March, 
1781, while at Peacham, and the treatment he received during 
his detention in Canada, have been ab-eady detailed.* On the 
5th of October following, he was released on parole of honor, 
having first pledged his faith to General Haldimand in a writ- 
ten agreement, that, until he should be " legally exchanged," 
he would " not do or say anything contrary to his Majesty's 
interest or government," and would " repair to whatever place 
his Excellency or any other, his Majesty's commander-in-chief 
in America," should designate. This parole was the cause of 
great trouble and anxiety to him during the year 1782. He 
sometimes received visits from spies, with whom, on account 
of his peculiar relations with the enemy, he was obliged to hold 
communication. A knowledge of an intercourse of this nature 
subjected him to suspicion as a traitor, and rendered his situa- 
tion very unpleasant. To free himself from an imputation so 
galling to his honor and patriotism, he communicated to Gene- 
ral Washington all the information he had obtained during his 
captivity, concerning the designs of the British ; detailed to him 
the measures he had taken to gain his liberty ; revealed to him 
his motives for adopting the course he had pursued since his 
return from Canada ; enclosed him a copy of the agreement he 
had made with General Haldimand ; and prayed that some 
means might be taken to effect his exchange, and restore him 
to perfect freedom. 

Furnished with letters of introduction from the Hon. Meshech 
Weare, President of New Hampshire, and Nathaniel Peabody, 
a respected citizen of that state. Colonel Johnson visited Gene- 
ral Washington in the latter part of the year 1782. The result 
of this interview is not known. It is certain, however, that 
the conduct of Colonel Johnson met with the full approbation 
of General Washington. Fearing that he should be recalled to 
Canada, Colonel Johnson absented himself from home, and did 
not return until after the 20th of January, 1783, the date of the 
declaration of peace. On one occasion, and while subjected to 
his parole, he was informed that the British had laid a plan to 
capture his friend and neighbor. Gen. Jacob Bayley. At the 
risk of his own life and liberty, he forewarned the General of 
his danger, and enabled him to escape it. Among the gentle- 
men with whom he was in correspondence, and for whom he 

* See ante, pp. 40i-408. 



JOSEPH KELLOGG. 669 

procured intelligence concerning the British, was Capt. Ebene- 
zer Webster, of Salisbury, New Hampshire, the father of Daniel 
Webster, who in the year 1782 commanded the militia raised 
for the protection of the northern frontiers, and was stationed 
for a time at Newbury. 

The patriotism of Colonel Johnson, though subjected to many 
severe trials, was ever pure and perfect, and his worth and in- 
tegrity were undoubted. He possessed the entire confidence 
of his fellow-townsmen, and represented them in the General 
Assembly of Yermont, during the years 1786, 1787, 1788, 1789, 
1790, 1795, 1797, 1799, 1800, and 1801. He was born in Haver- 
hill, Massachusetts, on the 22d of March, 1732, O. S., and 
died at Newbury on the 4th of January, 1819, at the age of 
seventy-seven years. His father was John Johnson, who was 
born in Haverhill, Massachusetts, on the 15th of November, 
1711. His great-great-grandfather was William Johnson, who 
in tlie year 1634 or 1635 was one of the founders and proprie- 
tors of Charlestown, Massachusetts, and who emigrated from 
Heme Hill, in the county of Kent, England. Edward John- 
son, a brother of William, was a proprietor and founder of 
Woburn, Massachusetts, and was the author of a quaint history 
of the colony, which has now become a rare work.* ^ 



JOSEPH KELLOGG. 

When the town of Deerfield was destroyed by the Indians, on 
the 29th of February, 1703, Joseph Kellogg, theif a lad of 
twelve, with his brother Martin Jr., and his sisters Joanna and 
Rebecca, was taken captive and carried to Canada. Here he 
remained with the Indians a year, and was then delivered to 
the French, with whom he spent the ten years succeeding. 
During this time he travelled with traders, and by participating 
in their negotiations, not only acquired the French language, 
but the tongues of all the tribes of Indians with which the 
French were engaged in trafiic. Of the dialect of the Mohawks 
his knowledge was especially thorough. In this manner, to use 

* MSS. in the possession of the Johnson family. Powers's Hist. Sketches of the 
Coos Country, pp. 48, 180, 181, 194-221. Deming's Cat. of Vt. Officers, pamm. 
Graham's Descriptive Sketch of Vt., p. 149. 



670 HISTORY OF EASTERN VERMONT. 

his own expressions, he " got into a very good way of business, 
so as to get considerable of moneys and other things, and hand- 
somely to support himself, and was nnder no restraint at all." 
Yielding to the solicitations of his brother, and encouraged by 
Colonel Stoddard and Mr. "Williams, he returned home in the 
year 1714, and two years later was placed in the pay of govern- 
ment. Thus did he obtain a livelihood until the year 1722, 
when he was employed by the province of Massachusetts Bay 
to perform journeys to Canada, Albany, and other distant 
places. Of his more specific duties there still remain a few data, 
which, it is reasonable to suppose, may be regarded as reliable. 
In 1722, he commanded a company of ten men at Northtield. 
It also appears by a memorandum dated the 26th of July, in 
the same year, that he was a lieutenant under Samuel Barnard, 
and acted also as an interpreter. He was captain of a com- 
pany at Deerfield in 1723, and of another at Suffield, Connecti- 
cut, from November, 1723, to May, 1724. On the 9th of 
November, 1723, he was ordered to scout on the northern fron- 
tier of Hampshire county. His skill in Indian signals, and 
modes of ambush and warfare, enabled him to meet the savage 
foe on terms almost equal. In obedience to a command dated 
the 22d of May, 1724, Colonel Kellogg, as he was then desig- 
nated, attended an Indian conference at Albany, in company 
with Colonel Stoddard. In the same year he sent out several 
scouting parties, of whose routes and doings he preserved a 
journal, which he afterwards sent to Lieut.-Gov. "William Dum- 
mer. As a specimen of documents of this kind, it is here in- 
serted : — 

" May it please your Honour. 

" These wait upon your Honour, to present my humble Duty 
to you, and acquaint you with my proceedings. Pursuant to 
your order, I have sent out several scouts, an account of w° I 
here present your Honour with. 

" The first on November 30, w° went on y® west side of Con- 
necticut River, and crossing y^ "West River went up to y^ 
Great Falls and returned, making no discovery of any 
Enemy. 
" Tlie next scout went up y^ "West River 6 miles, and then 
crossed y® wood up to y® Great Falls, and returned, making 
no discovery of any new signs of an enemy. 
"The next scout, I sent out west from Northfield about 12 miles 
and from thence northward, crossing "West River thro y* 



UNIQUE DOCUMENT. 671 

woods ; then steering east, they came to y® Canoo place about 
16 or IT miles above Northfield. 
" The next scout I sent out northwest, about 6 miles, and then 
they steered north until they crossed West River, and so thro 
y® woods to y* Great Meadow below y* Great Falls, then they 
crossed Connecticut River and came down on y* East side 
untill they came to Northfield without any new Discovery^ 
this Meadow being about 32 miles from Northfield. 
" The next scout I sent up y® "West River Mountain, and there 
to Lodge on y^ top and view Evening and Morning for 
smoaks, and from thence, up to y® mountain at y® Great Falls 
and there also to Lodge on y® top and view morning and 
evening for smoaks ; but these making no discovery, re- 
turned. 
" The next scout, I sent up y® West River 5 miles and then 
north till they came upon Sextons River, 6 miles from y^ 
mouth of it, w" empties it self at y® foot of y® Great Falls, 
and then they came down tiU they came to y® mouth of it, 
and so returned, but made no discovery of any enemy. 
" I have here given your Honour a true account of the several 
scouts I have sent out, and I should have sent out many more, 
but y® great difficulty of high water and unfavorable weather, 
and very slippery going and snow, has prevented any greater 
proceedings therein." 

Finding that these employments, though necessary and labo- 
rious, scarcely afforded him the means of living, he petitioned 
the General Court of Massachusetts, on the 4th of January, 
1727, for " some reward or assistance." In answer to his 
prayer, a grant was made him of two hundred acres of the un- 
appropriated lands in the county of Hampshire. In the same 
year, Fort Dummer was converted into a garrisoned trading- 
house, and the charge of it was given to Captain Kellogg. 
Here he remained as commander and truck-master until the 
year 1740. But these employments did not hinder him from 
engaging in others. He was appointed on the 19th of October, 
1733, with Timothy Dwight and William Chandler, to lay out 
the townships at Pequoiag, and on Ashuelot river in New 
Hampshire. In the year 1736, he received a warrant to act as 
interpreter for the Bay province to the Indian nations, which 
warrant was confirmed by a more specific commission, dated in 
1740. From this time until the year 1749, he received pay 
from the Fort Dummer establishment as interpreter, and, 



672 HISTORY OF EASTERN VERMONT. 

according to liis own candid statement, " acted as such with 
great fidelity, and to the acceptance, as he hopes, of the govern- 
ment." He was present at the Indian conference held at the 
fort, on the 5th and 6th of October, 1737, and bore an import- 
ant part in the transactions of that occasion. From 1749 until 
1753, he was variously occupied, but, as it appears from a peti- 
tion dated on the 30th of May, in the latter year, had not at 
that time received pay for his services during the four years 
preceding. He was also employed for fifteen months as an 
interpreter in the school which was established by the Rev. 
John Sergeant and Ephraim "Williams, Esqr., at Stockbridge, 
for the education of Indian youths. In the year 1754, he was 
pi'esent at the celebrated Albany treaty, " which was attended 
by a greater number of respectable personages, from the seve- 
ral provinces and colonies, than had met upon any similar occa- 
sion." 

His services in behalf of government do not seem to have 
met with the reward they merited, and a petition presented by 
him to the General Court, on the 29th of May, 1755, shows 
that the arrearages for which he had asked two years before, 
had not yet been paid him. In the year 1756, though broken 
in health, and at the age of sixty-six, he was persuaded by 
General Shirley to accompany him as an interpreter to Oswego. 
Tlie fatigue incident to the undertaking proved too great for his 
enfeebled constitution, and he died before the completion of the 
journey, and was buried at Schenectady. " He was the best 
interpreter in his day that New England had," observes the 
Rev. Gideon Hawley, " and was employed upon every occa- 
sion." It is supposed he was born in Suflield, Connecticut. 

Martin Kellogg Jr., the brother of Joseph, well known by 
the name of Captain Kellogg, and who was captured at the 
burning of Deerfield and taken to Canada, escaped from Mon- 
treal in company with three others, in Ma}'' or June, 1705, and 
returned home. In the month of August, 1708, while on a 
scouting expedition to White river, in the present state of Ver- 
mont, he was again taken prisoner by the Indians, but succeeded 
in discharging his gun and wounding one of his enemies in the 
thigh before his capture. He was a second time conveyed to 
Canada, and during his life was compelled on several occasions 
to make involuntary journeys of a similar nature, to that pro- 
vince. He was remarkable for his courage and bodily strength, 
and many stories were related of his feats and exploits in early 



SAMUEL KNIGHT. 673 

life. Like his brother, he was employed in the mission school 
at Stockbridge, where it is believed his labors ^vere acceptable. 
He lived at Newington, near Farmington, in Connecticut, 
■where it is supposed he died, about the year 1758. It is not 
known at what time Joanna, one of the sisters of Joseph and 
Martin, returned home. The other sister, Rebecca, who was 
about three years old at the time of her capture, resided among 
the Caughnawagas in Canada, until she was a maiden grown. 
On her return, she became the wife of Benjamin Ashley. In 
the year 1753, when Mr. — afterwards the Rev. — Gideon Haw- 
ley, of Marshpee, was employed with others, to visit the Indians 
at Onohoghgwage or Oquago, now the town of Windsor, in 
Broome county, New York, she accompanied the mission, and 
was regarded as " a very good sort of woman, and an extraor- 
dinary interpreter in the Iroquois language." Slie resided at 
Onohoghgwage until the time of her death, which took place 
in August, 1757, and w^as buried at that place. She was much 
lamented by the Indians. Her Indian name was Wausamiia.* 



SAMUEL KNIGHT 

OCCUPIED a position of great (i^^/^-Pt^ ^f^^yr^^f^'^^^t^ 

influence and high respecta- ^ 

bility among the lawyei*s who practised at the bar of Cumber- 
land county prior to the Revolution. His commission as an 
attorney-at-law in "his Majesty's courts of record" in that 
county, was dated the 23d of June, 1772. The only appoint- 
ment which he held under the province of New York, was that 
of commissioner to administer oaths of offi.ce. This he received 
on the 18th of February, 177'i. He was present at the affray 
which occurred at Westminster on the 13th of March, 1775. 
At the inquest which was held on the body of William French, 
who was shot on that occasion, he, with four others, was de- 
clared guilty of his death. The conduct of Mr. Kniglit imme- 

* Journals Gen. Court Mass. Bay, passim. MSS. in office Sec. State Mass. 
Mass. Hist. Coll., iv. oT : x. 143. Biog. Mem. of Rev. John Williams, pp. 84, 118. 
Hist. "West. Mass., i. 158. Doc. Hist. N. Y., iii. 1033-1046. Hoyt's Indian Wars, 
pp. 195, 199. 

43 



674 HISTORY OF eastern VERMONT. 

diatelj after tliis event, is described in a foot-note to that most 
entertaining- tale, by the Hon. Daniel P. Thompson, entitled 
" The Rangers ; or tlie Tory's Daughter." The facts narrated 
in this foot-note rest on the authority of " an aged and distin- 
guished early settler ".of Vermont, and are given in his own 
words : — " I have heard Judge Samuel Knight describe the 
trepidation that seized a portion of the community, when, after 
the massacre, and on the rising of the surrounding country, 
they came to learn the excited state of the populace. He 
related how he and another member of the bar (Stearns, I 
think, who was afterwards attorney-secretary of Nova Scotia) 
hurried down to the river, and finding there a boat (such as 
was used in those times for carrying seines or nets at the shad 
and salmon fishing-grounds, which were frequent on both sides 
the river, below the Great Falls), they paddled themselves 
across, and lay all day under a log in the pine forest opposite 
the town ; and when night came, went to Parson Fessenden's, 
at Walpole, and obtained a horse ; so that, by riding and tying, 
they got out of the country till the storm blew over, when 
Knight returned to Brattleborough." 

From Westminster, Knight went to Boston, and thence to the 
city of New York, where he arrived on the 29th of March. 
On his return to Brattleborough in the course of the following 
summer, he resumed his professional duties, but does not appear 
to have taken any very active part in the struggle between 
Great Britain and the colonies. When Vermont was declared 
a separate and independent state, he strenuously favored the 
jurisdiction of New York on the "Grants," and strove to efiect 
a reconciliation between the contending parties. In the supply 
bill passed by the Legislature of New York on the 4:th of No- 
vember, 1778, £60 were voted to him as a reimbursement of 
his " expences in attending upon the Legislature, on the busi 
ness of quieting the disorders prevailing in the north-eastern 
parts of this state." Satisfied, at length, that New York would 
never be able to maintain her claim to the " Grants," he became 
an open supporter of the government of Vermont. He after- 
wards removed to Guilford, and in the year 1781 was appointed 
a justice of the peace. Owing to the discontent of some of the 
citizens of that portion of the state, who believed him to be in- 
fected not only with sentiments favorable to New York, but 
with Tory principles, he w^as suspended from office by the 
Council on the 12tli of April of the same year. He was rein- 



LUKE KNOWLTON. 675 

stated on the 25th of October following. He occupied the posi- 
tion of first judge of Windham county during the years 1786, 
1794, 1795, and 1801, and presided as chief justice in the 
Supreme court of the state from 1789 to 1793. In his " De- 
scriptive Sketch of Vermont," Dr. John A. Graham observes 
of Judge Knight : — " He was bred to the law ; is a gentleman 
of great abilities ; and has rendered many essential services to 
his fellow-citizens, but, I am sorry to add, they have by no 
means been recompensed as they ought to be. To Mr. Knight 
that celebrated line of Pope may truly be applied, 

" ' An honest man 's the noblest work of God.' " * 



LUKE KNOWLTON. 

Luke Knowlton was born in Shrewsbury, "Worcester county, 
Massachusetts, and was married to Sarah Holland, who bore 
him three sons and four daughters. He removed to Newfane 
in the year 1772, where he lived until the time of his death, 
which occurred on the 12th of December, 1810, at the age of 
seventy-three years. The third charter of the township of ISTew- 
fane was granted by the government of New York on the 11th 
of May, 1772, to Walter Franklin and twenty others, most of 
whom were inhabitants of New York city. On the day follow- 
ing, the charter was conveyed to Luke Knowlton and John 
Taylor, of AVorcester county, Massachusetts. The town was 
organized on the 17th of May, 1774, and on that occasion 
Knowlton was chosen town-clerk, and held that post for sixteen 
years. He was town representative in the General Assembly 
of Vermont in the years 1784, 1788, and 1789 ; a member of 
the Council from 1790 to 1800, inclusive ; a member of the 
constitutional convention in 1793 ; and a judge of the court of 
Windham county from 1787 to 1793. 

In his "Letters from Vermont," John Andrew Graham 
refers to Mr. Knowlton in a very complimentary manner, in 
connection with a few remarks relative to Newfane. " This 
town," the writer observs, " owes its consequence in a great 

''^ The Rnngers, i. 92, 93. N. Y. Gazette, Monday, April 10th, 1775. Graham's 
Letters, pp. 100, 110. Laws of N. Y.. 1777-1783, Holt's ed, p. 47. Doc. Hist. 

K Y., iv. l^y'-l. 



616 HISTORY OF EASTERN VERMONT. 

measure to Mr. Luke Knowlton, a leading elu\racter, and a man 
of great ambition and enterprise, of few words, but possessed 
of the keenest perception, and an almost intuitive knowledge 
of human nature, of which he is a perfect judge. Tliis gentle- 
man, owing to the particular method in which he has transacted 
business, has obtained the appellation of Saint Luke. Young 
Mr. Ivnowlton is a practitioner at the bar. He is modest, inge- 
nuous, and master of abilities that give a fair promise of his 
becoming a most valuable citizen. Saint Luke is the owner 
of much the best and most elegant buildings in the place." 
Calvin Knowlton, the young man referred to in this extract, and 
a son of Luke Knowlton, graduated at Dartmouth College in 
1788, and was educated in the law. He adorned his profession 
by his learning and ability, and his worth w^as acknowledged 
by all who knew him. He died on the 20th of January, 1800, 
aged thirty-nine years. 

On the 12th of September, 1780, Luke Knowlton was fur- 
nished by Gov. George Clinton with an introductory letter to 
the New York delegates in Congress, and soon after visited 
Philadelphia for the purpose of urging upon Congress the ne- 
cessity of settling the controversy between New York and Ver- 
mont. The result of his mission has been stated in another 
place.* Previous to the year 1784, Mr. Knowlton gave in his 
adherence to the government of Vermont, and became a citizen 
of that state. In the division of the $30,000 which New York 
received from Vermont, on the accession of the latter state to 
the Union, Mr. Knowlton received $249.53, on account of the 
losses he had sustained, by being obliged to give up lands 
■which he had held under a New York title. 

It is much to be regretted that so little is known of the life 
of a man of the ability of Luke Knowlton. The Hon. Paul. H, 
Knowlton, who resides at the village of Knowlton, in the town- 
ship of Broome, C. E., and is a member of the Legislative 
Council of Canada, possesses no records of family biography 
relating to his enterprising and intelligent grandfather.f 

* See ante, pp. 381, 382. 

f Thompson's Vt, Part III. p. 126. Graham's Descriptive Sketch of Vt, 179'7, 
p. 103. Doc. Hist. N. Y., iv. 1024. 

An account of the conduct of Luke Knowlton during the time in which the 
British in Canada were endeavoring to obtain possession of Vermont, and of the 
suspicions which this conduct excited, is given in tlie sketch of the life of Sajukl 
Wells. 



BIOGKAPHICAL SKETCH OF JOSEPH LORD. 677 



JOSEPH LOED 



OF Putney, by commissions dated the ^fiiA^-^oft 
16tli of July, 1766, was appointed second jT ^ ' 
judge of the Inferior court of Common Pleas, and a justice of 
the peace for Cumberland county. These commissions were 
renewed on two subsequent occasions, and he was continued in 
office until the commencement of the Revolution. He was also 
appointed by a writ of dedimus jpotestatem^ a commissioner to 
"swear all officers" chosen in that county, and held the office 
until the 14th of April, 1772. Respecting his abilities, there 
are no means of deciding ; but of his uprightness and candor, 
as a man and as a judicial officer, there can be no doubt. A 
few months previous to the time for appointing judges in the 
year 1772, Mr. Lord was desirous of withdrawing from the ser- 
vice of the province. In his letter to Governor Tryon, dated the 
29th of January, he declared his reasons for wishing to retire, 
in these words : — " I, being now arrived at the sixty-eighth 
year of my age, and attended with the infirmities common to 
advancing years, such as great deafness, loss of memory, dim- 
ness of sight, and at times, a paralytic tremor in my hands, &c., 
which disqualifies me for the full, free, and perfect discharge 
of the offices of second judge of the Inferior court of Common 
Pleas, and justice of the peace, which I have sustained in the 
county for several years last past — and having a desire to retire 
from public business and spend the remainder of my days in a 
calm retirement therefrom, and concern myself in nothing else, 
but doing good to my numerous family and neighbors, and 
praying for the KING, your Excellency, and all others the 
King's officers, and prepare for a glorious immortality — there- 
fore humbly entreat your Excellency to appoint some other per- 
son to said offices in my room and stead." 

Having been informed that his colleague had tendered his 
resignation. Judge Chandler wrote to Governor Tryon, begging 
him to continue Judge Lord in office in the next commission, 
and suggesting the propriety of rewarding him for his past ser- 
vices — especially for his eiforts in quelling a disturbance in 
which the inhabitants of Windsor had been engaged — by grant- 
ing to him some of the " unappropriated lands" in the province, 



678 HISTOKT OF EASTERN VERMONT. 

whicli the late Gov. Benning Wentworth had conveyed to him- 
self, the title to which, by a subsequent resolve of the present 
Governor and the Council of ]S"ew Hampshire, had been de- 
clared void. Previous to this time, the court had been consti- 
tuted with three judges. A fourth was added in the next com- 
mission, and Judge Lord was continued, but with the under- 
standing that he was to take only " as little share of the burden 
of the office" upon himself as should be agreeable to him. 
" His Excellency," wrote Governor Tryon, in a letter dated the 
3d of April, 17T2, " desirous of retaining in office the most re- 
spectable persons in the county, could not think of appointing 
any person in your stead." The little that is known of this 
worthy magistrate is so favorable, that a natural regret arises 
at the absence of the data which might supply the details of 
his life, character, and services.* 



WILLIAM PATEESON. 



"W^A 



The prominency of the 



"Westminster, has given his name a notoriety. Of the man 
himself little is known. "William Paterson is said to have been 
of Irish and Scotch descent, and is supposed to have been born 
in Ireland. Fullowing in the train of his friend, Crean Brush, 
he removed to Westminster in the year 1772 or 1773, and in 
October of the latter year received from the Council of Ap- 
pointment of the province of New York the shrievalty of Cum- 
berland county, which office he held until the authority of Great 
Britain ceased to be recognized on the " Grants." Of the man- 
ner in which he conducted at the " Westminster Massacre," an 
account has already been given.f In his history of the " Ame- 
rican Loyalists," Mr. Sabine, in closing a sketch of the events 
of March 13th, observes of Paterson : — " That he was very 
much in fault, in the transactions which connect his name with 
the sad deeds here briefly considered, hardly admits of a 

* Doc. Hist. N. Y., iv. YST-^BQ, 765, t66. 
\ See ante^ p. 218. 



CHAKLES PHELPS. 679 

doubt, and appears as well from the statements of the Loyalists, 
as from the report of the Whig committee." After suffering 
imprisonment in the Court-house at Westminster, until Sun- 
day, the 19th of March, he, with several of his friends, was 
placed in charge of a body of the Whigs, who guarded him to 
Northampton, where he was again placed in confinement. 
How long he remained at Northampton does not appear, but 
he did not obtain a final discharge until the 22d of November 
following. It would be pleasant, could we tear aside the veil 
of oblivion which shrouds his history in obscurity, or explore 
the recesses in which are buried those little data, which, were 
they all gathered, would reveal more fully the transactions of 
his life. But the veil appears impenetrable to mortal eyes, and 
the very locality of the recesses we would explore is yet to be 
determined. 




CHAKLES PHELPS, 

SON of Nathaniel Phelps, was 
born at Northampton, Massa- 
chusetts, on the 15th of August, 
1717, and was educated in the 

profession of the law. He married Dorothy, a daughter of 
Hezekiah Root, of the same place, on the 24:th of April, 1740, 
and afterwards removed to Iladley, where he resided for many 
years. Li the charter of Marlborough, which town was the 
third on the New Hampshire Grants granted by Gov. Benning 
Wentworth, his name appears as one of the original grantees. 
Tliis charter, which was dated the 29th of April, 1751, was re- 
newed on the 21st of September, 1761, and again renewed on 
the 17th of April, 1764. On the last occasion, power was 
given to Charles Phelps to call town meetings, and the name 
of New Marlborough was substituted for that of Marlborough. 
But the prefix, although used by the Phelps family for a time, 
was never received with favor. In the year 1764, Mr. Phelps, 
with his family, removed to Marlborough, for the purpose of 
commencing a settlement on the lands which he held from 
New Hampshire. On learning that the King, by an Order in 
Council dated the 2'jth of July, 1764, had established "the 



680 HISTORY OF EASTEKN TEKMONT. 

western banks of the river Connecticut" as the eastern boun- 
dary line of New York, he applied to the Governor of that 
province, on the 15th of October, 1765, for a charter confirma- 
tory of the charter of Marlborough, and renewed his application 
in October of the following year. It does not appear that his 
request was favorably answered. Notwithstanding this failure 
to secure the title of his lands, he was convinced that the New 
Hampshire Grants were now within the jurisdiction of New 
York, and henceforth became a subject of that province. Re- 
siding on the "Grants" at a time anterior to the establishment 
of any of the forms of government within its bounds, and hav- 
ing been instrumental in obtaining the patent for Cumberland 
county, he grew up, as it were, with this first division of the 
disputed territory, labored for its benefit, and finally received 
as his reward the lion's share in the bitter fruits of its over- 
throw. After suffering by fine, imprisonment, confiscation of 
property, and banishment from Vermont, on account of his 
devotion to New York, he at length took the oath of allegiance 
to the former state. His feelings, however, underwent but lit- 
tle, change, and until the day of his death, he retained the 
strongest antipathy against the government which had been 
the means of destroying his own happiness, and rendering his 
household the abode of sorrow and insanity. 

His eccentricities, w^hich at first were neither many nor 
strongly marked, were not regarded with that leniency 
which would have tended to make them less the objects of 
notice. On this account, and by reason of the sufferings which 
his attachment to New York induced, his peculiarities increased 
w^ith age. Between the years 1770 and 1772, at the expense 
of the proprietors of the town of Marlborough, he built a kind 
of log barn near his dwelling, to which he gave the name of a 
meeting-house, but it was never used as such, except by his 
own family. The causes which led to his dismissal, and that 
of his son Timothy, from the church, are not known. At the 
bar, Mr. Phelps is said to have been intolerable, by reason of 
the length of his pleadings. The four hours allowed him by 
the court Avould often bring him to the threshold only of his 
argument, and he was frequently obliged to stop without touch- 
ing upon the merits of the case. 

When, in the year 1775, the people residing on the eastern 
side of the Green Mountains evinced their hatred of oppression 
by their acts at Westminster on the 13th of March, Mr. Phelps 



EFFORTS TO ANNEX VERMONT TO MASSACHUSETTS. 681 

approved of the course then pursued, and, inasmuch as revolt 
from British domination, and opposition to New York exac- 
tions, were at that time deemed identical in spirit, since the lat- 
ter was the result of the former, he exerted his influence in 
resisting the encroachments of despotism, and in endeavoring 
to establish a new order of things. But when New York had 
thrown off her allegiance to Great Britain, and had entered 
into the war of the Revolution with a spirit as determined as 
that displayed by her sister colonies, he acknowledged her juris- 
diction, and uniting with the majority of the inhabitants on the 
" Grants," offered his services for the good of the thirteen colo- 
nies, as a citizen of New York. For nearly two years, senti- 
ments like these respecting the authority and jurisdiction of 
New York prevailed on the " Grants," and he is a bold and an 
uninformed man who would dare to assert that, previous to the 
year 1777, or even during the first half of that year, the people 
were in favor of a separate state. 

On one occasion, Mr. Phelps, with a singularity of behavior 
not easily to be accounted for, was engaged in a scheme to effect 
the annexation of Vermont to Massachusetts. Of the truth of 
this statement, the evidence is as follows. In a deposition made 
by Phineas Freeman, at Marlborough, on the 19th of January, 
1783, the deponent testified that in the latter part of June, 
1779, Charles Phelps set out from that town with the avowed 
object of going to Bennington, for the purpose of consulting 
with a committee of Congress who were to meet there, and pre- 
senting to them the claims of New York to the disputed terri- 
tory of the " Grants." The deponent also stated, that in a con- 
versation which he held with Mr. Phelps previous to his depar- 
ture, Mr. Phelps declared that " he did not act out of good will 
to the state of New York, but to throw the people of Vermont 
into confusion ; that his ultimate design was to procure the ter- 
ritory of Vermont to be annexed to the Bay state ; that he 
looked upon the authority of New York as composed of as cor- 
rupt a set of men as were out of hell ; that he abhorred them 
as much as he did any set of men on earth ; that he would as 
soon come under the Infernal Prince as under the state of New 
York •; and would as soon put manure in his pocket as a com- 
mission from New York." 

But this episode in the history of his attachment to New 
York did not long continue. When, in the summer of 1779, 
the friends of New York in Cumberland county determined to 



682 HISTORY OF EASTEKN VERMONT. 

petition the Legislature of that state for relief from the n^^merous 
inconveniences by which they were surrounded, he was chosen 
to bear their memorial to Kingston. Tlience he was deputed 
by the Legislature to carry the same document to Philadel- 
phia. Of the manner in which he occupied the five weeks 
which he spent in that city, some opinion may be formed from 
a letter written on the 7tli of October, 1779, by John Jay to 
George CHnton, and entrusted to Phelps as he was about to 
leave Philadelphia on his return. Tliat the craftiness and volu- 
bility which characterized him as a lawyer, should have been 
apparent at this seeming crisis, is not at all remarkable. " You 
will receive this by Mr. Phelps," wrote Jay, " of whose fidelity 
to Isew York, I have a good opinion, tho' I cannot approve of 
all his manoeuvres to serve the state on this occasion. He ap- 
j)ears neither to want talents or zeal, but the latter is not always 
according to knowledge, and the former carries him sometimes 
into finesse. One of the New Hampshire delegates told me 
that Phelps, in order to engage him against Vermont, endea- 
vored to persuade him that New Hampshire had a right to a 
number of townships in it ; and he further told me, that on 
comparing notes with the Massachusetts delegates, he found 
that Phelps had been playing the same game with them. This 
story he told me in the presence of some of the Massachusetts 
delegates, who smiled and were silent. I have never said any- 
thing of this to Phelps, because it could have answered no good 
purpose, and I mention it to you, as a circumstance which 
marks the man. He has, however, by talking on the subject 
with everybody, done good. In my opinion, his expenses 
should be paid without hesitation, and he should be so treated 
as to go home in perfect good humour with the Legislature, for 
whom he now professes great regard and esteem, and I believe 
he is sincere in his attachment. Men of his turn and talk are 
always useful, when properly directed. It is safely done [in 
his case] by encouraging the good opinion he sustains of his 
own importance." 

In one of the letters which Mr. Phelps wrote while in Phila- 
delphia, he detailed to Governor Clinton the arguments which 
he was in the habit of employing, in his attempts at proselytisni 
among the members of Congress. Among other statements 
which he made was the following: — "I endeavor," he wrote, 
" to induce them to believe the truth that if Congress don't 
immediately interpose, there will be a great eflusion of blood 



STRENUOUS OPPOSITION TO VEKMONT. 683 

as soon as I return home ; and that if it should be so, all the 
world will know at whose door it will be charged by all Ame- 
rica." To his eftbrts, however, was due the passage of certain 
resolutions, the effect of which it was generally expected would 
be to bring the controversy to an end. Though this result was 
not effected, yet it cannot be doubted that, at the time, the in- 
fluence of Mr. Phelps as an old-fashioned lobby-member, was 
greater than that of any of the other agents who were interested 
in the management of this question. That he fully estimated 
the value of his own services, appears from the application 
which he afterwards made to the Legislature of I^Tew York for 
additional pay. K the state would " give even a common 
scavenger as much as his pocket expense," he argued that he 
certainly deserved well for conducting " matters of such great 
weight, delicacy, and consequence," with so much skill and 
perseverance. His petition was read in the Assembly on the 
14th of February, 1780. A few days later, the committee to 
whom it was referred reported contrary to its prayer, and the 
Assembly refused to grant the extra allowance. Notwithstand- 
ing this disappointment, Mr. Phelps still remained faithful to 
New York. In a letter to Governor Clinton, dated the 1st of 
September, 1780, he asked for advice with reference to the 
course he should pursue towards his neighbors who differed 
from him in opinion. He even went so far as to propose the 
exj^ediency of taking four or five of them prisoners, and con- 
fining them at Kingston, in order to be avenged upon " the vile 
Yermontei-s" for the sufferings they had inflicted upon the 
Yorkers. Peferring to the influences which had been exerted 
against the new state, he declared that he and his sons had 
" done more to overturn " it, than all the people residing in that 
vicinity. Alluding to the manner in which his services had 
been received, he stated that tM'enty thousand dollars would 
not make good the losses he had sufiered. 

Continuing in this manner a strenuous opposition to Yennont, 
despite the privations which it incurred — suffering often from 
the punishments which generally followed disobedience to the 
laws — engaging not unfrequently in personal conflicts with the 
sheriff or his deputies — Mr. Phelps, although he might have 
yielded the contest Avith honor, since New York was unable to 
support her authority in Yermont, persevered in the course he 
had chosen, with a determination to pursue it even to the end. 
In the month of Jime, 1782, he received from New York the 



684 HTSTORT OF EASTKRN VFP^roNT. 

appointment of justice of the court of Oyer and Terminer and 
General Jail Delivery, and of justice of the peace and of the 
quorum, for Cumberland county. At the same time, he was 
commissioned to swear all officers, both civil and military, who 
should serve in that county. James Clay and Hilkiah Grout 
were appointed his cc»lleagues in the latter position, but up to 
the 10th of July following, according to his own declai-ation, 
they had refused to administer to him the oaths of office, on 
account of the fear in which they stood of the indignation of 
the majority of the people. With the honors of these new 
appointments clustering thick upon him, Mr. Phelps imagined 
himself almost invincible to any power which his opponents 
might employ against him. But the revelations of the month 
of September, 1782, at which time Timothy Church, Timothy 
Phelps, Henry Evans, and William Sliattuck, were deprived 
of their property, and banished from the state for treason, and 
when Charles Phelps escaped a like punishment by fliglit — the 
revelations of that month, even if the lessons of previous years 
had been of no avail, should have taught the " violent Yorker," 
that the time had come when the minority should yield to the 
majority — when factious opposition, backed by the authority 
of Grotius and Vattel, should cease — when the law of nations 
should give way before the " Great Jehovah" doctrine of Ethan 
Allen, and the principles of right succumb to the force which 
could render, not only the town of Guilford, but every other 
place within the limits of Vermont inhabited by a Yorker, as 
" desolate as Sodom and Gomorrah." Such, however, was far 
from being the immediate results effected by the decree of 1782. 
Having obtained an appointment as agent for his fellow-suf- 
ferers in Cumberland county, Mr. Phelps set out for Pough- 
keepsie, just in time to escape the seizure and punishment to 
which a number of the most prominent supporters of the juris- 
diction of New York were subjected, in the month of Septem- 
ber, 1782. Having reached Poughkeepsie, he visited Governor 
Clinton, and, after remaining in that town a few weeks, dis- 
closed to his Excellency his intention of proceeding to Phihidel- 
phia. Convinced that his presence would be of but little use 
at the seat of government, the Governor endeavored to dissuade 
liim from going. But his arguments were of no avail, and 
Phelps started on the journey, Avithout letters, however, for the 
Governor had refused to write b}'^ him, lest the New York dele- 
gates should suppose that he favored the mission. On the evening 



GKEAT DESTITUTION. 6S5 

of the Sth of October, lie had " the satisfaction " of bein^ heard 
for " two or three hours, with very httle interruption,*' before 
the committee of Congress, to whom the subject of the contro- 
versy had been referred. It was at this period, and probably 
during this visit, that he prepared and presented for the "conside- 
ration of Congress and the impartial world" a " state paper," en- 
titled " Vermonters Unmasked," in which he called the atten- 
tion of all the states to the danger to which they were exposed, 
if the " audacious precedent" of dismembering states should be 
established, in consequence of the act of usurpation of which Ver- 
mont had been guilty, in depriving both New York and New 
Hampshire of a portion of their lawful and acknowledged terri- 
tory. Many otlier points were largely discussed in this produc- 
tion, and the whole argument was supported by copious extracts 
from Grotius, Puffendorf', Yattel, and other civilians. 

But while thus engaged, his destitution was so great at one peri- 
od, that fears were expressed lest he should starve or freeze, before 
measures could be taken for his relief. Soon after his arrival in 
Philadelphia, James Duane, then a delegate from NewYork, wrote 
to Governor Clinton in these words: — " Mr. Phelps has arrived, 
and I believe his eloquence will be well employed. He has op- 
portunities. His singularity draws attention, and he overflows 
in the plenitude of his communicative powers. He is, however, 
terribly distressed ; without cloaths fit for the season ; without 
money or credit to pay for his board ; and leaning on the scanty 
support which the exhausted purses of your delegates can aiford. 
What is to be done for him ? " To the inconveniences which 
he bore, and to the manner in which he was supported while 
at Philadelphia, reference is made in the letters of the New 
York delegates to Governor Clinton, in words few but graphic. 
" As Mr. Phelps brought no letter," wrote Ezra L'Hommedieu, 
on the 23d of October, " we concluded he did not come by the 
Governor's approbation. However, I believe he has been of 
some service, though some trouble to us ; and having no money, 
he depends much on charity at present. I conclude we shall 
be obliged to advance money to get him out of town, though 
he will not go till he knows the determination of Congress." 
On the 5th of November, the same gentleman, in another com- 
munication, said : — " Mr. Phelps has been fortunate in getting 
most of his living for nothing. The President's steward is an 
acquaintance of his, and Mr. Hanson gave him a general invi- 
tation to come and eat with Mr. Philips. He cannot, however, 



686 HISTORY OF EASTERN VER^MONT. 

get out of town witliont an advance of money, wliich I shall 
likely be obliged to make." 

Under the sanction of Governor Clinton, William Shattuck 
and Henry Evans, two of the banished Yorkers, had gone to 
Philadelphia, and there were now three persons in that city 
instead of one, depending for support on the New York delega- 
tion, " What will be done for the sustenance of the deputies 
now here," wrote James Duane, on the 15th of November, " I 
know not. On a consultation with Mr. Roosevelt, it is agreed 
to borrow for them one hundred dollars, and draw on the state. 
If this plan fails, it is more than probable they will lose their 
liberty, as they have already done their property, for it is out 
of my power to aid them." Two days later, another communi- 
cation from Mr. Duane contained these words : — " The distress 
of Phelps having been brought to a crisis, we had no choice 
but to borrow for his and his unfortunate comj)anions' support. 
This we did not venture on, till after a consultation with Mr. 
Roosevelt, and his promise to support us, and his opinion that 
our conduct must be approved. Mr. Wadsworth, on the first 
intimation, advanced one hundred dollars on our bills on your 
Excellency, which will, we hope, be sufficient to relieve these 
unhappy people, whose visit has given us infinite trouble and 
uneasiness." In a letter written on the 18th of November, Mr. 
L'Hommedieu, referring to the loan that had been effected, 
said : — " It will be necessary that Mr. Phelps have some of this 
money to enable him to leave town, which I believe will be in 
a few days." But Mr. Phelps could not be induced to depart 
until the decision of Congress should be made known. On the 
5th of December, this consummation of his wishes M'^as attained. 
On that day. Congress, by a resolution, ordered the inhabitants 
of the New Hampshire Grants " claiming to be an independent 
state" to make "full and ample restitution" to all who had suf- 
fered by their proceedings since the 1st day of the preceding 
September, and announced their determination to " enforce a 
compliance " wdth this command. Four days later, Mr. Phelps 
set out from Philadelphia with dispatches to Governor Clinton. 
He reached Marlborough early in January, 1783, but to his 
sorrow found that as little attention was paid to the resolves of 
Congress, as had been paid to the edicts of New York. 

About this period, and at the age of sixty-five, he married a 
second time, his first wife having died in the year 1777. 
During the year 1783 he did not dare to remain regularly at 



CONKISCATIOX OF HIS TROPERTY. 687 

home, for fear of his foes. In the Latter part of tlie year, hav- 
ing become especially obnoxious, the decision of the court, ren- 
dered in September, 1782, which had never been executed 
against him, was revived, and on the 4th of January, 1784, he 
was thrown into the jail at Westminster, and was soon after 
removed to Bennington, that he might be more securely 
guarded. Here he was kept until the 28th of February follow- 
ing, when he was released by an act of the Legislature. A few 
days after his enlargement, a committee to whom the subject 
had been referred, recommended the adoption of a bill direct- 
ing the sale, at public vendue, of so much of the estate of 
Charles Phelps as should amount to £70, for the purpose of 
defraying the costs of his prosecution. A bill to this effect was 
brought in, but was laid over until the next session of the 
Legislature, and was never again revived. An unsuccessful 
attempt was also made at the session in February, 1784, by 
Joseph Tucker and sixteen others, who had been engaged in a 
skirmish w^tli the Yorkers, and had been partially defeated, to 
obtain reimbursement out of the property of Mr. Phelps, for 
the pecuniary losses they had incurred in their unfortunate 
undertaking. 

Although, in these two instances, Mr. Phelps was treated 
with a leniency, which, judging from the previous conduct of 
the government of Yermont tow^ards him, could hardly have 
been expected, yet his possessions were not, on this account, 
deemed less the property of the state. To Micah Townsend 
and Nathaniel Chipman had been entrusted the duty of revising 
the laws of Yermont. On the 6th of March, 1784, they pre- 
sented to the General Assembly a statement of the terms on 
which they would accept of their appointment. Among other 
provisions, they required an order from the Assembly, directing 
Col. S. R. Bradley to deliver to them " such books of Charles 
Phelps, Esq.," as would assist them in their deliberations. 
Tliey also asked to be paid for their services out of Mr. Phelps's 
library, the choice of books being left with them, and the ap- 
praisement of the books being made by persons acquainted 
with their value. If the library should be insufficient to satisfy 
their demand, or should be restored to Mr. Phelps by the state, 
or redeemed by him, they agreed to receive their compensation 
in hard money. These proposals were received with favor, and 
were immediately embodied in the form of res(^lntioiis, and 
adopted. In ()ctol)er, 1784, Mr. Phelps — Avearied by the an- 



688 HISTOKY OF EASTERN VERMONT. 

noyances to which he was constantly subjected, on account of 
his adherence to New York, satisfied that further resistance 
was useless, and unwilling to strive longer in a contest, the 
fruits of which were bitterness only — petitioned the General 
Assembly of Vermont for a full pardon, and a reversion of the 
sentence by which his estate had been declared confiscate. In 
their report upon his petition, the committee took occasion to 
allude favorably to the eflforts he had made in behalf of Ameri- 
can independence, and recommended an affirmative answer to 
his prayer. In consequence of this counsel, a bill, entitled 
" An Act pardoning Charles Phelps, Esq., of Marlborough, in 
the county of Windham, and restoring to him all his estate, 
real and personal," became a law of the state, on the 26th of 
October, 1784. 

Protected by the government which he had so long opposed, 
Mr. Pheli^s now endeavored to regain possession of his property 
by every legal and proper means. It was for the purpose of 
assisting him in procuring a weapon, which had been taken 
from him at a time when it was feared he would use it in 
opposing the officers of Vermont, that Governor Chittenden 
addressed to Maj. Josiah Boyden a letter, of which the follow- 
ing is an exact copy : — 

" Arlington, 30th of Dec'r. 1784. 
" Sir. — In persuance to an act of Assembly, past Last Octo- 
ber, ordering that all the property of Charles Phelps, "Which 
had been Taken from him on account of his opposing the athor- 
ity of this State and Kot disposed of for the Benefit of the State, 
Should be returned to him on Sartain Conditions, "Which Con- 
ditions has been Complyed "With on his Part, you are therefore 
directed to Deliver to the s'd Charles Phelps His Sword, if you 
have the Same in your Hands, and the Same has not been Sold 
or disposed of by athority, for the Benefit of this State. 
" I am S'r your H'bl Serv't, 

THO'S CHITTENDEN". 
" Maj'r Boyden." 

Busied in striving to restore his estate, and in searching for 
facts, constructing arguments, and preparing documents to in- 
duce Congress to make good their resolutions of the otli of De- 
cember, 1782, he passed the remainder of his days. He died 
in April, 1789, in the seventy-third year of his age. Though, 



WILLIAM AND NATHANIEL PHELPS. 689 

by oath, a citizen of Vermont, lie never could divest himself of 
his antipathy against that state ; and in spirit remained even 
unto the end firmly attached to the government and jurisdic- 
tion of New York. 

Of the genealogy of the Phelps family the following particu- 
lars have been preserved. The name was anciently spelled 
Phyllypipes^ but has been always pronounced Phelps. After 
the time of Edward VI. the superfluous letters were dropped. 
The family has been established for a number of centuries in 
the county of Staflbrd, England. John Phelps, who dwelt 
upon the Nether Tyne in England, the son of Francis Phelps, 
who died in the reign of Edward VI., left with other issue at 
his decease in 1641, Anthony, William, and John. This family 
opposed the high-church and prerogative party of Strafford and 
Archbishop Laud. John Phelps became private secretary to 
Oliver Cromwell, and in the print which has been preserved of 
the trial of Charles I., is represented as serving in the capacity 
of clerk of the court on t^iat occasion.* 

William Phelps, was one of the first settlers of Dorchester, 
Massachusetts, about the year 1630. Thence he removed to 
Windsor, Connecticut, in the latter part of the year 1635, and 
was one of the "principal planters" of that town. He is 
included by Trumbull, in his History of Connecticut, in the list 
of prominent men " who undertook this great work of settling 
Connecticut," and is designated by the same authority as one 
of " the civil and religious fathers of the colony." The session 
of the first court convened in Connecticut, was held at New- 
town, on the 26th of April, 1636. Of this court William 
Phelps was a judge. He was a man of large influence, was 
much employed in public business, held the position of a ma- 
gistrate, and was honored by the title of Mr., a distinction 
which but few at that day enjoyed. He died on the 14-th of 
July, 1672. The death of his wife occurred on the 30th of Au- 
gust, 1689. He left five sons, William, Samuel, Nathaniel, 
Joseph, Timothy, and one daughter, Mary. Three of these 
children were born in England, one in Dorchester, and the two 
youngest — ^Timothy and Mary — in Windsor. 

Nathaniel Phelps, son of William, was born in England ; 
removed to this country with his father ; married Elizabeth 
Copley,t a young widow, on the 17th of. September, 1650 ; 

* Pictorial Hist. England, Harper's ed., 18-19, iii. 377. 

f A descendant of the family of this Elizabeth Copley became Lord High- 

44 



690 HISTORY OF EASTERN VERMONT. 

was one of the first settlers of Northampton, Massachusetts, 
about the year 1655 ; was highly respected as a deacon in the 
church ; and died on the 27th of May, 1702, leaving " a good 
estate." The death of his widow occurred on the 6th of De- 
cember, 1712. Tlieir children were Mary, born at Windsor in 
1651, who was the wife of Matthew Clesson ; Nathaniel, 
born at Windsor in 1653 ; Abigail, born at Windsor in 1655, 
who was the wife of John Alvord, and who died in 1756, aged 
one hundred and one years ; William, born at Northampton in 
1657 ; and Mercy born at Northampton in 1662, who died 
young. 

Nathaniel Phelps, son of Nathaniel the deacon, married 
Grace Martin on the 27tli of August, 1676, and died on the 
20th of June, 1719. His wife, at the time of her marriage, 
was a young woman who had recently come from England. 
She was a person of great resolution and perseverance, and was 
withal a little romantic. She has been highly praised by her 
descendants. Iler death occurred on -the 2d of August, 1727. 
Their children were Nathaniel, born in 1678 ; Samuel, born 
in 1680 ; Lydia, born in 1683, who was the wife of Mark AVar- 
ner ; Grace, born in 1685, who was the wife of Samuel Mar- 
shall ; Elizabeth, born in 1688, who was the wife of Jonathan 
Wright ; Timothy, who removed to Connecticut ; Abigail, born 
in 1690, who was the wife of John Laughton ; and Sarah, born 
in 1695, who was the wife of David Burt. 

Nathaniel Phelps, son of the second Nathaniel, married for 
his first wife, Abigail Burnham, about the year 1716, and for 
his second wife, Catharine, daughter of John King of North- 
ampton. His death occurred on the 4th of October, 1747. 
His first wife died on the 2d of January, 1724, at the age of 
twenty-seven. His second wife, at the time of her man-iage 
with him, was the widow of a man named Hickock of Durham, 
Connecticut, who had died without children. After the death 
of Mr. Phelps, his widow married for her third husband, 
Gideon Lyman. Mr. Phelps's children by his first wife were 
Charles, born on the 15th of August, 1717 ; Nathaniel, born 
in 1721 ; Ann, who was the wife of Elias Lyman of Southamp- 
ton, Massachusetts ; and Martin, born in 1723. His children 
by his second wife, were Catharine, born in 1731, who was the 

Chancellor of England, by the name and title of Lord Lyndhurst, on the 30th of 
April, 1827. 



SOLOMON PHELPS. 691 

wife of Simeon Parsons ; Lydia, born in 1T32, who was the 
wife of Ebenezer Pomroy ; John, born in 1734:, who lived in 
Westfield, Massachusetts ; and Mehitable, born in 1736, who 
died young. 

Charles Phelps, to a sketch of. whose life this notice has 
been mainly devoted, was the eldest son of the third Nathaniel. 
Of three of the sons of Charles, namely, Solomon, Charles Jr., 
and Timothy, an account will be found elsewhere. The other 
children of Charles Phelps were Dorothy, Abigail, Lucy, John, 
and Experience.* 



SOLOMON PHELPS. 

Solomon, the first son of Charles Phelps, was bom in the year 
1742, and was entered a freshman at Harvard College at the 
age of sixteen. On graduating in 1762, he applied himself to 
the study of the law, and having removed with his father to 
the New Hampshire Grants, was commissioned by Governor 
Henry Moore, on the 31st of March, 1768, an attorne3''at-law, 
and was authorized to practise as such in " His Majesty's courts 
of record to be holden in and for the county of Cumberland." 
At the breaking out of the war he embraced the cause of the 
colonies, and during the period in which the inhabitants on the 
"Grants" acted in concert with the people of New York, 
served as a member of the committee of safety for Cumberland 
county. Being well versed in the Scriptures, and possessing 
an hereditary oratorical capacity, he served as a preacher at 
Marlborough during the summer of 1776. In the year 1779 
he received the degree of M.A. from his Alma Mater, which 
fact alone, judging from the qualifications which were then 
necessary to render a person eligible to this rank, afibrds good 
evidence of his abilities. But unhappily his life w^as darkened 

* MS. Narrative of Phelps family. MS. Letters from the Hon. J. H. Phelps. ilS. 
Hist. Marlborough, by the Eev. E. H. Newton. Journals of Congress, passim. Doc. 
Hist. N. T., iv. 996-1002. George Clinton Papei-s, in office Sec. State N. Y.. vol. 
viii. doc. 2549 ; vol. xi. doc. 31 89 ; vol. xvi. docs. 4647, 4796, 4797, 4828, 4842, 4856, 
4857, 4858. Journals Gen. Ass. Vt, Feb., 1784, pp. 24, 27, 42, 43, 47, 50, 52, 53 ; 
Oct 1784, pp. 28, 33, 35, 40; June, 1785, p. 47. Slade's Vt. State Papers, p. 494. 
TrumbuH's Hist. Conn., i. 54, 58, 70. Holland's Hist. West Mass., iL 245. 



HISTORY OF EASTERN VERMONT. 



by the obscurations of insanity— a disease which, whether it be 
of the mind or of the body, is abnost certain to manifest its 
effects upon both. On one occasion he attempted to beat out 
his brains with the head of an axe, and succeeded in breaking 
in his skuU. His hfe was saved by trepanning. In the year 
1790 he ended his Hfe by cutting his throat with a razor. 
When discovered he was lying in a lot, between two hemlock 
logs, and to all appearance had been some time dead.* 



CHARLES PHELPS JK., 

THE second son of Charles Phelps, was bom in the year 1744, 
and bore the name of his father. Like his brother Solomon, 
he was educated in the profession of the law, and received his 
commission as an attorney from Governor Try on of New York, 
on the 22d of July, 1771. Although he afterwards removed to 
Hadley, Massachusetts, yet he ever continued to manifest a 
deep interest in the affairs of the New Hampshire Grants, and 
on several occasions afforded assistance to his fatlier and bro- 
thers, when the rage of party violence had driven them from 
their homes, to seek refuge wherever they could find it. His 
contemporaries in legal practice were John Worthington of 
Springfield, Joseph Hawley of Northampton, Oliver Partridge 
of Hatfield, Josiah Dwight of Westfield, and John Ashley of 
Lower Housatonic. An account of Mr. Phelps's farm and resi- 
dence, which the Rev. Dr. Timothy Dwight describes as " the 
most desirable possession of the same kind and extent," within 
his knowledge, may be found in the travels of the latter gentle- 
man in New England and New York during the year 1796. 
Mr. Phelps died in Hadley, on the 4th of December, 1814, 
aged seventy yeai's.f 

* MS. Hist. Marlborough. Am. Arch. Fourth Series, vol. iii. col. 1330. 
f Dvright's Travels in New England and New York, i. 857. Holland's Hist, 
West. Mass., i. 185. 



NOTICE OF TIMOTHY PHKLPS. Q9S 



TIMOTHY PHELPS. 




Of Timothy Phelps, 
the third son of 
Charles Phelps, but ^/ CU t 
little remains to be 
said in addition to 
what has been already recorded in the preceding pages. He 
was born on the 25th of January, 1747, and at the age of seven- 
teen removed with his father and brothers to the unsettled wil- 
dernesses of the New Hampshire Grants. His services as a 
farmer were especially valuable at this period, and upon him 
devolved, in a great degree, the management and cultivation 
of the lands of the new abode. Of great energy of character 
and steadfastness of opinion, his attachment to the government 
of New York having become once fixed, remained constant and 
unyielding. In his efforts to enforce its laws, he often met with 
the most determined resistance, and was not unfrequentl}'- over- 
powered by the number and force of his opponents. On the 
5th of June, 1782, he received from the Council of Appointment 
of the state of New York, the shrievalty of Cumberland county, 
xirmed with the power of this office, before which he imagined 
the vehemence of party rage and the lawlessness of party tri- 
umph would cower, he endeavored to exercise his authority 
within the limits of Vermont, and against men who scoffed at 
the government under which he acted. The decision of the 
trials of September, 1782, in AVindham county, marked him 
with the taint of treason, rendered him for a time a prisoner, 
confiscated his possessions, banished him from the state, and 
forbade his return on pain of death. 

Emboldened by the resolves of Congress, passed on the 5th 
of December of the same year, he returned to his home, was 
cast into prison at Bennington, and there remained in confine- 
ment for nearly five months. Although he afterwards became 
a citizen of Vermont, yet he was never able to transfer to the 
adopted state the feelings of loyalty which he 'entertained 
towards New York, and could not be brought to acknowledge 
his obligation to maintain pecuniaril}^, or otherwise, a govern- 
ment which had deprived him of his possessions, surrounded 
hira with sorrows, and rendered his life miserable and unhappy. 



694 HISTORY OF EASTERN VKRMOKT. 

Continued reflection upon his troubles, serv^ed in a measure to 
waste his mental energies, and the effects of this condition, com- 
bined with the natural eccentricity of his disposition, disordered 
his intellect, and left him a melancholy prey to the gloomiest 
foi-ebodings concerning his temporal welfare. The fact, also, 
that there had been no "atonement made for that blood that was 
wantonly shed" on "the confines of Guilford," when Silvanus 
Fisk and Daniel Spicer were killed, seemed ever to disturb him, 
and there is still preserved a curious letter, written by him, 
dated at Marlborough, May 28th, 1812, and directed to the 
grand jury of Windham county, in which he adjured them, in 
the most solemn manner, to investigate the circumstances at- 
tending those deaths, and denounced upon them terrible retri- 
bution, in case they should fail to attend to his appeal. He 
died at Marlborough very suddenly, in the seventy-first year 
of his age, on the 3d of July, 1817, and was buried in that 
to\vn. 

Timothy Phelps married Zipporah "Williams on the 6th of 
June, 1775. Their children were John, who was born on the 
18th of November, 1777, and who died on the 14th of April, 
1849, at Ellicott's Mills, Maryland ; Charles, who was born on 
the 13th of September, 1781, and who died on the 19tli of 
November, 1854, at Cincinnati, Ohio ; Eunice, who was born 
on the 8th of May, 1783, and who died on the 14th of Decem- 
ber, 1811, at Marlborough, Vermont ; Austis, who was born on 
the 11th of September, 1788, and who died on the 25th of 
May, 1850, at Townshend, Yermont ; and Timothy, who was 
born on the 6th of June, 1792, and who died of yellow fever in 
September, 1822, near Natchez, Mississippi, on board of a 
steamer from New Orleans. 



NOAH SABIN , 

/\ /^ /) /t ^^^ \>QTa. at Reho- 

A/ J ^ / -4 y^^l. both, Massachusetts, 

^Vckxi^ 3ai>m~. „„ 4e 10th of No^ 

vember, 1714, and was the only son of Noah Sabin, of that 
place. Becoming religiously disposed in early life, he was de- 
signed by his father for the ministry. To this disposition of his 



ILL-JUDGED PP:RSKCUII0N OF NOAH SAUIX. 695 

talents the son refused to accede, but for what reason is not 
known. In the year 1768, at the age of fifty-four, he removed 
to Putney, and at the first election of town ofiicers, held on the 
8th of May, 1770, was chosen town-clerk. On the 14th of 
April, 1772, he was appointed judge of the Inferior court of 
Common Pleas of Cumberland county, and justice of the peace. 
Previous to the aftray at Westminster on the 13th of March, 
1775, Judge Sabin opposed in every practicable manner the 
attempts of the people to interfere with the management of the 
courts. His extreme conscientiousness led him to adopt this 
course, for he knew that he had received a commission from 
the Crown, and felt that his oath of ofiice bound him, at the 
least, not to offer resistance to the government of the mother 
country. After being taken prisoner on this occasion, he was 
confined in the Court-house at "Westminster for a few days, was 
then carried to Northampton, and afterwards to New York 
city, where he was imprisoned. It is said that he was subse- 
quently tried, and upon being honorably acquitted, was sup- 
plied by Governor Tryon with clothing and ample means to 
return home. He was absent more than a year. 

Regarded as a Tory in principle, and as a secret favorer of 
the cause of Great Britain, he was for a time subjected to many 
annoyances. Soon after his return, "William Moore, Daniel 
Jewett, and Moses Johnson, committee men of Putney, accom- 
panied by a party of their friends, armed with swords, went to 
his house, ordered him to mount his horse, and follow them. 
Obeying their commands, he was conducted to Westminster, 
where he was placed in the jail. Many were the threats used 
to intimidate him during this transaction. His imprisonment, 
however, lasted but a day. In the evening, the door of his cell 
was opened, and he was allowed to return home. On his 
death-bed, Moore, who had been the principal actor on this 
occasion, sent for Judge Sabin, confessed with tears the abuses 
of which he had been guilty, and besought forgiveness. On 
being assured that his request was granted — " Now," said he, 
" I can die in peace." Fearing that Judge Sabin might be in 
communication with the enemy, he was confined to his farm by 
an order of the committee of safety, passed in the year 1776, 
and permission was given to any one to shoot him, whenever 
he should be found beyond its limits. So bitter was the hatred 
towards him at this time, that one of his neighbors, a man 
zealous for the liberty of the colonies, and for the destruction 



696 HISTORY OF EASTERN VERMONT. 

of their foes, watched for him with a loaded rifle, as he after- 
wards acknowledged, in the woods adjoining the Judge's house, 
prepared to shoot the despised Loyalist, should he venture be- 
yond the prescribed lines. But this treatment, though it might 
tend to suppress the outward manifestation of his principles, did 
not avail at once to change them. A certain Solomon Willard, 
who had been a soldier under Governor Tryon at the time of 
the burning of Xorwalk, having returned to Yermont at the 
close of the war, had again taken up his residence in the state. 
Although a Torv at heart, yet he submitted to the existing 
laws, and acted like an American citizen. In his conversations 
with this man, it is said that Judge Sabin often declared that 
the British troops had not treated the rebels with half the 
severity they deserved, and expressed his opinion, that every 
place refusing to acknowledge the authority of the Crown 
should have suffered the fate of Norwalk. 

The prejudices against him springing from these causes, 
affected the minds even of the members of the church at Put- 
ney. Not being an original member, he was refused the privi- 
lege of occoasional communion with them. Tliis fact appears 
by the annexed extract from the church records : — 

" Putney, Dec. 7, 1778. Tlie church met and took under 
consideration the request of Xoah Sabin, Esqr., of occasional 
communion with this church, and came to the following vote, that 
it was best, all things considered, not to receive him at present. 

" J. Goodhue, Moderator^ 

He was afterwards on the 29th of April, 1781, admitted by 
vote to full communion, and was known as a "most stable, 
consistent, and useful member." 

In 1781 he was elected judge of probate for Windham county, 
but on the 12th of April, in the same year, was suspended from 
office in order to satisfy the complaints of many who believed 
him to be dangerous as a Loyalist. He was reinstated on the 
25th of October following, and it is believed continued in office 
until the year 1801. Judge Sabin was a man of uncommon 
powers of mind. He was cool and considerate in his purposes, 
and sound and discriminating in his judgment. His counsels 
were often sought and were generally safely followed. For the 
period in which he lived his education was superior. It is 
asserted with confidence that when the charter for Putney was 



NOAH SABIN JR. 697 

obtained, he was the only person in the town possessed of suf- 
ficient skill to decipher the peculiar chirography in which the 
instrument was written. In his religious character he was up- 
right, sincere, and conscientiously true to his professions. It 
might be said of him that he was remarkably active as a 
Christian, for it is well known that when the people were desti- 
tute of a minister, the duty of conducting the exercises of their 
religious assemblies usually devolved on him. Although at the 
first strongly attached to the Crown, and for some time after the 
commencement of the Revolution undecided as to the course he 
should take in the struggle between the colonies and the mother 
country, his sympathies were subsequently enlisted on the side 
of the fonner, and no truer patriot was to be found than he. 
Upon retiring from office and active life, the remainder of his 
days was marked by acts of piety towards God and beneficence 
to mankind. He died on tlie 10th of March, 1811, at the 
advanced age of ninety-six years.* 



NOAH SABIN JB., 



,A^Jj^ /"^^^^ 



SON of Noah Sabin, 
was born at Reho- 
both, Massachusetts, 
on the 20th of April, 
1750, and removed 

with his father to Putney, when he was about eighteen years 
old. He held the oflice of register of probate for Windham 
county, from 1791 to 1801, and from the latter year imtil 1808 
was judge of probate, in which station he succeeded his father. 
He was early elected a justice of the peace, and filled the office 
for nearly half a century. He represented the town of Putney 
in the General Assembly during the years 1782, 1783, 1784, 
1785, and 1787. His death occurred at Putney on the 5th of 
December, 1827, in the seventy-eighth year of his age. From 
an obituary notice, written soon after his decease, the following 
passages are taken :— 

* MS. Letter from Rev. A, Foster of Putney, April 5th, 1852. Doc. Hist N Y., 
iv. 1022. See ante, pp. 398, 399. 



698 HISTORY OF EASTERN VERMONT. 

" Judge Sabin was a man of sound mind, of a placid temper, 
and manifested upon all occasions that urbanity of deportment 
which commanded the love and respect of his acquaintance. 
He was an early settler of the town [of Putney], and ever took 
an active interest in its civil and religious concerns. He was 
more than forty-seven years a magistrate, and sustained for 
many years the office of judge of probate, and other offices, 
with honor to himself, and with usefulness to the public. He 
discharged the duties of office with such firmness and fidelity 
as to escape with a much less share of censure than is common 
in like cases. 

" As a Christian, he appeared humble and unostentatious, 
steady and uniform in his principles and practice. He seemed 
always to love religion, and to be governed by a sacred regard 
for its doctrines and duties. It appeared to be his stay in the 
closing scenes of life. ^ He was resigned to the will of God and 
ready to depart at His bidding. He was willing to be absent 
from the body, and to go to be present with the Lord."* 



PATJL SPOONER 



!&XjMyryAy^- 



WAS for many years 
actively engaged in 
advancing the inte- 
rests of Vermont, and 
enjoyed the fullest confidence of the people of that state. He 
was a member of the Council from 1778 to 1782, when he Avas 
chosen lieutenant-governor of the state. In this position he 
was continued until the year 1786. He was a judge of the Su- 
preme court in 1779, 1780, and from 1782 to 1788. During 
the years 1781 and 1782 he served as judge and register of 
probate for "Windsor county. In the year 1779 he was the 
town-clerk of Hartland in Windsor county, and having subse- 
quently removed to Hardwick, in Caledonia county, was chosen 
the first clerk of that town in 1795. During the years 1797, 
1798, and 1799, he represented the citizens of Hardwick in the 
General Assembly of the state. Of the respect with which the 

* Brattleborough Messenger, December 2l8t, 1827, vol. vi. No. 47. 



JONATHAN STEARNS. 699 

early officers of Yermont were treated, the following incident 
affords a good example. On one occasion the Rev. Elisha Hut- 
chinson, the first minister of Pomfret, Yermont, was preaching 
a sermon at Hartland, in a private house, when Mr. Spooner 
entered the room. Pausing in the midst of his discourse, the 
reverend minister informed his audience that he had " o-ot about 
half through" his sermon, but as Governor Spooner had come 
to hear it, he would begin it again. Then turning to a wo- 
man who sat near him, he said, " My good woman, get out of 
that chair and let Governor Spooner have a seat, if you please !" 
Mr. Spooner was accommodated, and Mr. Hutchinson repeated 
the first part of his sermon, much to the edification, it is sup- 
posed, of those who had already heard it.* 



JONATHAN STEAENS. 

Prior to the Pevolution, Jonathan Stearns was engaged in the 
practice of the law in the eastern portion of the New Hamp- 
shire Grants, and was generally regarded as a man of ability. 
In an account presented at New York on the 5th of May, 1775, 
by some of the oflicers of the court, it was stated that he " was 
in the unhappy event that happened between the posse of the 
county of Cumberland and a body of rioters," at "Westminster, 
on the 13th of March pi-evious. In company with Samuel 
Knight, who was also a lawyer of that county, " he happily 
escaped the fury of the mob and went immediately to Boston." 
On his arrival in that city, " General Gage advised him to 
repair to New York with the utmost expedition, to give infor- 
mation to government of the state of the county." He reached 
New York on the 29th of March, and having presented an ac- 
count of the affray, of which he had been a partial witness, 
was reimbursed the expenses of his journey, to the amount of 
£7 ISs. He subsequently removed to Nova Scotia, and was 
attorney-secretary of that province.f 

* Deming's Cat. Yt. Officers, p. 75, et passhn. 

f Council Minutes, in office Sec. State N. Y., 1765-1783, xxvi. 435, The Ran- 
gers, by D. P. Thompson, ii. 93. See ante, p. 674. 



^00 mSTOEY OF EASTERN VERMONT. 



illCAH T0WN8END, 



yoy ' ^ ^^z^^ ^ WHOSE name has fre- 

cyy^e ca^ ^^^rTi/TZ^e^a T q^^^^^j^ occurred in 



these pages as a corre- 
spondent of Gov. George Clinton, deserves to be held in re- 
membrance as one of those worthy fathers of Vermont, whose 
sterling virtues and wisdom, and indomitable courage, carved 
out and shaped the destiny of that state, amid scenes of con- 
vulsion at home and abroad. The influence which he exer- 
cised and the service which he rendered, at a period in the 
state's history when education was at a low ebb, though not of 
that bold and dazzling kind which characterizes the deeds of 
military heroes, and on which contemporary historians so often 
delight to seize to spice their pages, and keep alive the momen- 
tary excitement, were valuable and duly appreciated by those 
engaged with him in perfecting the organization of Vermont. 
Though in principle and habit an emphatical lover of peace, 
he was a sincere patriot, having the true interests of his coun- 
try deeply at heart. 

Henry Townsend, the first of the family who settled in Ame- 
rica, came from England to Long Island jjrevious to the year 
1687. His son Micajah Townsend having married Elizabeth 
Piatt, their son the subject of this notice was born at Cedar 
Swamp, Oyster Bay, Long Island, on the 13th of May, 1749, 
O.S. After pursuing the studies commonly taught in elemen- 
tary schools, and others under the guidance of a neighboring 
clergyman preparatory to a collegiate course, he entered at the 
age of fourteen the college of Nassau Hall in Princeton, New 
Jersey, during the presidency of Dr. Elihu Spencer. At the 
end of four years, having completed the usual course of acade- 
mic studies he proceeded Bachelor of Arts on the 8th of Octo- 
ber, 1766, and during the presidency of Dr. John Witherspoon 
proceeded Master of Arts on the 5th of October, 1769. On 
leaving college in 1766, he immediately commenced the study 
of the law, in the office of the Hon. Thomas Jones, a distin- 
guished barrister and attorney in the city of New York, and 
subsequently a justice of the Supreme court of the province of 
New York. Having continued this pursuit for the term of four 
years, he was admitted to the practice of the law on the 6tli of 



MICAH TOWNSEND. 701 

April, 17T0, by a commission under the hand and seal of 
the Hon. Cadwallader Golden, lieutenant-governor of the 
colony. 

Soon after his admission to the bar, he established himself in 
his profession at the White Plains, in Westchester county, 
where he remained until after the commencement of the war 
of the Revolution. Attached by conviction and by principle 
to the cause of the colonies, he freely lent his efforts to advance 
that cause. He served as clerk of the Westchester county com- 
mittee of safety, and on the 22d of June, 1776, was appointed 
to the command of a company of militia in that county, con- 
taining fifty men, including officers, which had been raised to 
defeat the machinations of the Tories who abounded in that 
region. On the 25th of July following, he was ordered to take 
post at the mouth of Croton river, and continued on duty in 
and about that locality until the end of October. On the night 
of the Ist of November, it became evident to General Wash- 
ington, that the British were preparing to take possession of the 
heights in the neighborhood of the White Plains, which he 
then held with his troops. In order to gain a more secure posi- 
tion, he broke up his camp, and having previously set fire to 
the houses in the White Plains and the neighborhood, removed 
his forces to a more mountainous region, in the vicinity of 
North Castle. The destruction of the village where he had at 
first entered upon the active duties of life, was doubtless the 
immediate cause which led Mr. Townsend to seek in the inte- 
rior of the country a residence less exposed to the disturbances 
of that exciting period. Removing to the beautiful village of 
Brattleborough, he was soon surrounded by friends, and on the 
15th of August, 1778, married Mary, a daughter of Col. Sa- 
muel AVells. 

In the controversy which at this time raged with peculiar ani- 
mosity in the south-eastern portion of Vermont, Mr. Townsend, 
at the first, sided with the supporters of the New York jurisdic- 
tion, and was in constant communication with Governor Clin- 
ton. His letters, extracts from which have been given in the 
body of this work, were always prepared with accuracy, ex- 
pressed in well-chosen language, and engrossed in a chiro- 
graphy of singular beauty. He was frequently entrusted with 
the conduct of important negotiations between the provincial 
government of New York and its supporters in Vermont, and 
never failed to perform his duty in a manner which gave the 



702 HISTOKY OF EASTERN VERMONT. 

completest satisfaction. In the supply bill passed by the Legis- 
lature of New York on the 4th of ISTovember, 1778, the sum 
of £60 was appropriated to him, in payment of his " ex- 
pences in attending upon the Legislature, on the business of 
quieting the disorders prevailing in the north-eastern parts of 
the state." 

The share which he had taken in military affairs while at the 
White Plains, had secured for him the enmity of the Tories 
who infested that part of the country, and, when occasion 
offered, they did not fail to clothe this feeling in deeds. Li the 
year 1781, having obtained permission from Governor Clinton 
to visit Long Island, he performed the journey, but in a letter 
to the Governor, written at Fishkill, on the 16tli of May, 1781, 
while on his way home, he informed his Excellency that he had 
met with abuse in the city of Kew York from the Westchester 
refugees ; had been " once carried before his Worship," the 
British mayor of that city ; and had been obliged to take a dif- 
ferent route on his return, to avoid his " old enemies," who 
were lying in wait to take him. " A thousand pounds," said 
he, '• would not tempt me to a similar visit." 

Having come to the conclusion, after an honest and careful 
review of the circumstances, that New York would never be 
able to substantiate her claim to the New Hampshire Grants, 
or to enforce her laws in that district, he took the oath of alle- 
giance to and became a citizen of Yermont. In the practice 
of his profession, though not distinguished as an eloquent advo- 
cate, he possessed, what was of more value than eloquence, the 
estimation of the community for integrity. B}^ reason of his 
legal attainments and the soundness of his judgment, he was 
esteemed the first lawyer in the state, and during the twenty- 
four years of his residence in Brattleborough, his practice was 
successful and profitable. At this place, his children, five 
daughters and three sons, were all born. In the year 1781, he 
was chosen judge and register of probate for Windham county, 
and held those ofiices until the year 1787. 

The constitution of Yermont, which had been established by 
a convention on the 2d of July, 1777, was never submitted to 
the people for popular discussion, lest in those critical times, 
when unanimity was the only strength, its consideration should 
create disunion. Having been acted upon, as an experiments 
for eight years, it was found to admit of so many practical 
abuses that its revision was regarded as imperative. Tliis duty 



APPOINTED SECRETAKY OF STATE FOR VERMONT. ^03 

devolved upon a council of censors, who were chosen from the 
ablest men in the state for this specific purpose, and of this 
council Micali Townsend was the secretary. Tlieir sessions 
were held at Norwich in June, 1785, at Windsor in September 
and October following, and at Bennington in February, 1786. 
All the members of this body, doubtless, participated in the dis- 
cussions of the various points embraced in the work they had in 
hand, and justl}^ shared in the honor of the labor. But their 
secretary alone, could mould and shape the honest but crude 
suggestions, into the clear and explicit form of legislative pro- 
cedure. Tlie discriminating acumen acquired by his legal 
education, gave him an ability in drafting judicial and legisla- 
tive documents, which was then as important as it was rare, 
and was duly appreciated by such men of his associates as the 
Hon. Messrs. Marvjn, Robinson, Mosely, Walbridge, Marsh, 
Jacob, and Hunt. 

In the year 1781, Mr. Townsend was called to fill the ofiice 
of secretary of state, under the administration of the Hon. 
Thomas Chittenden, and was continued in that station by annual 
election until 1788. While occupying this position, his habits 
of promptitude and regularity enabled him, by reforming the 
looseness and confusion which had prevailed in the department, 
to establish system and order. By these means, access to the 
records was rendered easier, and the facilities for the dispatch 
of business were increased. 

Pending the controversy between l^ew York and Vermont, 
Micah Townsend was, on the 10th of July, 1784, arrested in the 
city of New York, by Seth Smith, " solely for his officiating in 
the line of his duty as clerk of the county court of Windham 
county," and was obliged to give bail in the sum of £2000 for 
his appearance. The matter having been laid before the Gene- 
ral Assembly of the state, an act of indemnity was passed at 
the next session of the Legislature, by which commissioners 
Avere appointed to sell lands in the state of Vermont, belonging 
to citizens of New York, until money enough should be raised 
from the sales, to reimburse Mr. Townsend all the expenses 
consequent upon his arrest. 

For domestic reasons Mr. Townsend resigned his state secre- 
taryship in 1788, much to the regret of all persons connected 
with the government. On tendering to the Legislature the 
seals of his office, the event was noticed by the House in the 
following complimentary resolution : — 



iP04 HISTORY OF EASTEEN VEEMONT. 

" In General Assembly, 21st October, 1Y88. 

" Resolved^ that this House having accepted the resignation 
of Micah Townsend, Esqr., late Secretary of this State, feel 
themselves obliged to express the -warmest sentiments of grati- 
tude to that gentleman, for the fidelity and skill with which he 
has discharged the duties of his said office. Tliat it is with re- 
luctance we consent that an officer of state of his ingenious ac- 
complishments, which have been so faithfully and to so general 
satisfaction exerted for the public good, should so soon retire 
from the station he has filled with advantage to the state, and 
honor to himself." 

His services were rendered with great fidelity, and were left 
to the judgment of those for whom he labored, without any 
subsequent effort to bring them into notice. The estimation in 
which they were held b}^ a man whose memory will ever be 
fresh in the hearts of the inhabitants of Yermont, affords addi- 
tional evidence of their value. " In the year 1835, I was in 
Middlebury," writes his son, the Eev. Canon Townsend, " and 
called upon the Hon. Nathaniel Chipman, an early friend of 
my father, from whom I learned the high estimation in which 
he was held for his integrity, the clearness of his intellect, and 
his legal attainments. This opinion he illustrated by saying^ 
' Tlie state of Vermont would this day have been far wiser and 
richer could she have retained his services from the time of his 
resignation to the present, at a salary of ten thousand dollars 
•per annALiny 

He now retired from all public business to the bosom of his 
family, residing still in Brattleborough until the year 1801, 
when he disposed of his estate at that place to the Hon. Koyall 
Tyler, and with his family dwelt in Guilford for one year. In 
the spring of 1802 he removed to the township of Farnham, 
Lower Canada, where a grant of land had been made by the 
British government of twelve hundred acres to each of the 
children of Col. Samuel "Wells, as a compensation for the losses 
sustained by their father during the revolutionary war. He 
lived here in retirement, devoted to domestic and religious du- 
ties until 1816, when he changed his residence to Clarenceville, 
that he might spend the evening of his life with his son, the 
Rev. Micajah Townsend. Although for many years he had 
intended not to engage again in public business, yet as his 



REVIEW OF HIS CHAKACTEE. 705 

health was good and his faculties unimpaired, he yielded to 
the solicitation of the people to make himself useful among 
them as a justice of the peace, and from the Governor, the Earl 
of Dalhousie, he received the appointment of judicial commis- 
sioner for the trial of small causes. At length admonished by 
the infirmities of age, he resigned these offices, and filled up his 
time in gardening, reading, and meditation. 

In the year 1831 he was called to part with the faithful wife 
of his youth, who died on the 27th of June, at the age of 
seventy-one, in the peace and joy of Christian hope. To her 
he had been united for more than half a century, and he 
mourned her loss with deep sorrow and a chastened submission. 
Her departure was regarded by him as a solemn premonition 
of his own decease, at no distant period, and this presentiment 
was soon verified, for he survived her but ten months. About 
the middle of the following spring he was attacked with chills 
and fever, and on the 23d of April, 1832, his mortal life termi- 
nated at the age of about eighty-three. 

He was a member of the Masonic fraternity, and, according 
to the certificate of lodge No. 2 of the province of ISTew York, 
was elevated to a Master Mason's degree on the 14th of June, 
1770. His moral character was marked for its truthfulness, 
integrity, justice, and honesty. His mind was stored with va- 
ried and extensive knowledge. His style of writing was plain, 
classical, and elegant. His business habits were characterized 
with system, order, and correctness. His disposition was mild, 
amiable, and forgiving. His personal deportment was dignified 
yet unforbidding, and his manners graceful, polished, and gen- 
tlemanly. For the last thirty years of his life, his daily prac- 
tice was to retire for an hour at twilight for meditation and 
prayer, and yet his personal piety which was thus sustained, 
and was further evinced by a constant attendance on public 
worship and communion in the Episcopal church, of which he 
had been from youth a member, was of a meek and un- 
obtrusive character, commending itself more by deeds than 
words. 

Though his physical activity was abated by age, his bodily 
health was unimpaired, and his sight and hearing, and appetite 
for food and sleep undiminished. His mental powers, upheld 
by the habit of reading, had lost but little of their vigor, and 
he could compose and write with his customary ease and per- 
spicuity up to the time of his last illness. His remains were 

45 > 



706 mSTOET OF EASTERN VERMONT. 

deposited by the side of those of his wife, in the cemetery of 
the parish of St. George, Clarenceville, Lower Canada.'^ 



AMOS TUTE. 

The name of Amos Tute appears first as connected with the 
settlements bordering the banks of the Connecticut river, in a 
muster roll of a company of rangers commanded by Capt. John 
Burk, who were stationed at Hinsdale's Fort, in the year 1Y5T. 
He was one of the earliest inhabitants of the town of Vernon, 
and, for the period in which he lived, was a man of wealth and 
influence. In the year 1755, Mrs. Jemima Howe, who was af- 
terwards known as the " Fair Captive," was taken prisoner by 
the Indians, and carried to Canada. On her return she became 
the wife of Mr. Tute. In 1768, Mr. Tute, by a commission 
from Cadwallader Colden, Lieutenant-governor of the province 
of New York, was appointed, on the 7th of April, a coro- 
ner for Cumberland county, and held that office until the 
breaking out of the revolutionary war. The inquest on the 
body of William French, who was shot at the Westminster 
Massacre, was held before him, and his name appears on the 
paper which declared the result of this investigation. 

To those curious in epitaphic lore, the following inscription 
may not prove uninteresting. It is copied from the stone which 
marks the grave of his son Jonathan, in the burial ground at 
Yernon, and was probably composed by the Rev. Bunker Gay, 
of Hinsdale, New Hampshire. 

■^emento Morj 

Here lies cut down like unripe Fruit 
A Son of M' Amos Tute 

* Many of the facts contained in this notice were supplied by the Rev. Canon 
Micajah Townsend, of Clarenceville, Lower Canada, the only surviving son of 
Micah Townsend. Tlie other sources consulted are, the George Clinton Papers, 
in K Y. State Lib., vol. viii. doc. 2397; vol. xii. doc. 3718. Petitions in office 
Sec. State N. Y., xxxiil 104. Journal N. Y. Prov. Cong., i. 503, 541, 744, 952; 
ii. 464. Laws of N. Y., Holt's ed., 1777-1783, p. 47. Barber's N. Y. Hist. Coll., 
ed. 1841, pp. 463, 598-601. Journal Gen. Ass. Vt, Oct. 1784, pp. 13, 29. Wil- 
liams's Hist. Vt., ii. 262. Slade's Vt. State Papers, pp. 491, 511, 516, 531. Dem- 
ing's Cat. Vt. Officers, passim. 



A3I0S TUTE. 707 

And M*^ Jemima Tute his Wife 

Call'd Jonathan of Whose frail Life 

The days all Summ'd (how Short th' Account) 

Scarcely to fourteen years Amount 

Born on the Twelveth of May Was He 

In Seventeen Hundred Sixty Three 

To Death he fell a helpless Prey 

April the Five & Twentieth Day 

In Seventeen Hundred Seventy Seven 

Quitting this World We hope for Heaven 

But tho his Spirits fled on High 

His body mould'ring here muft lie 

Behold the amazing alteration 

Effected by Jnoculation 

The Means improv'd his Life to Save 

Hurr'ed him headlong to the Grave. 

Full in the Bloom of Youth he fell 

Alas What human Tongue can tell 

The Mothers Grief her Anguifh Show 

Or paint the Fathers heavier Woe 

Who now no nat'ral offfpring has 

His ample Fortune to poflefs 

To fill his Place Stand in his Stead 

Or bear his Name When he is dead 

So God Ordain'd, His Ways are Juft 

Tho Empires Crumble into Duft 

Life and the World Mere Bubbles are 

Set loofe to thefe, fox Heaven prepare. 

In the same grave-yard are deposited the mortal remains of 
Amos Tute. His memorial is in these words : — 

In Memory of 

Mr. Amos Tute, 

\?ho died April lYth 

1790 in the 60th 

year of his 

Age. 

Were I so Tall to Reach the Pole 
Or grasp the Ocean with my Span 
I must be measured by my soul 
The Mind's the standard of the 
Man. 



708 



HISTORY OF EASTERN VERMONT. 



By his will Mr. Tute devised " a certain tract or farm of land, 
situate and being in Brattleborough," for the use of the schools 
in that town.* 



ROTALL TYLER. 



Under the colonial gov- 
ernment of Massachu- 
setts, the Hon. Kojall 
Tyler, who resided in 
Boston, held several sta- 
tions of distinction. At 
that place his second 
son, the subject of this 
notice, was born, " in 
the neighborhood of 
Faneuil Hall," in the 
year 1Y58, and was at 
first called Wil- 
liam Clark Tyler. 
On the death of 
his father, the 
name of the son 
was changed by 
an act of the Gen- 
eral court, and at 
the suggestion of his mother, to Royall Tyler, and under this 
name he entered Harvard College, at the early age of fourteen. 
"While at this institution, he evinced a fondness for study and a 
readiness of apprehension which gave him a high position 
among the members of his class. His collegiate career was 
disturbed by the war of the revolution, but in spite of inter- 
ruption he maintained an honorable standing, and on gradu- 
ating in 1Y76, received the usual degree of B. A., and the ap- 
pointment of valedictorian. In the same year the B. A. degree 
was conferred upon him by Yale College, as an honorarj^ dis- 
tinction. He proceeded Master of Arts at his own Alma Mater, 
in 1YY9, and received the same degree from the XJr'"""^'^"'^ ^^ 




* Acts and Laws of Vt., 1794, pp. 33, 34. 



EOTALL TTLEE. 709 

Yermont in 1811. In 1802, lie was chosen a member of the 
corporation of the latter institution, which position he held until 
1813, and was professor of jurisprudence in the same seminary 
of learning from 1811 to 1814, 

Soon after leaving college he studied law with Francis Dana 
of Cambridge. During the war he served for a short time as 
aide-de-camp to General Lincoln, and was engaged in the same 
capacity in the years 1786 and 1787, " when that officer com- 
manded the military force of Massachusetts, called out to sup- 
press the rebellion of Daniel Shays." " He was also deputed 
by Governor Bowdoin to the government of New York, to 
make arrangements for the delivery of Shays and his adher- 
ents to the authorities of Massachusetts, should they escape to 
that state." For the purpose of conducting similar negotiations 
with the government of Yermont, he was sent to the General 
Assembly of that state, during the month of October, 1786. 
His energy and enterprise in this emergency were of great 
value in leading the neighboring states to take efficient mea- 
sures in preventing the rioters from receiving external aid. 
After spending the years of his early manhood in the practice 
of the law, not only in Boston but in the neighboring towns, he 
removed to Yermont, and married Miss Palmer, the daughter 
of an old and valued friend. Becoming a citizen of Brattle- 
borough, he, in 1801, purchased the residence of Micah Town- 
send. His abilities as a lawyer and a man of learning were 
already extensively acknowledged, and he soon numbered 
among his friends many of the most able, polished, and social 
gentlemen of his adopted state. 

In 1796 he was appointed state's attorney for "Windham 
county, and held the office until the year 1800. He presided 
as side judge of the Supreme court of Yermont from 1801 to 
1806, when he was chosen chief judge. This position he re- 
tained until the year 1812. Party strife and ill health com- 
bined were the causes which prevented him from being chosen 
to fill this office for a longer period. From the year 1815 to the 
year 1821 he was register of probate for Windham county, and 
this, it is believed, was the last public station he was called to 
occupy. An idea of the originality of his style and manner 
in arguing a case, under circumstances calculated to produce 
embarrassment, may be gained from the following anecdote. 

At a court held in Newfane, he undertook his first case after 
he left the bench. He had not practised for a long time, and 



710 HISTORY OF EASTERN VERMONT. 

many of the lawyers at the bar had never heard him address a 
Jury. At the period refen-ed to, the disease of which he died 
—a cancer on the left side of the nose, near the eye— caused 
him to wear a patch of black silk on his face, which did not 
tend to improve his appearance. Tlie case was one of impor- 
tance, involving the property of his client, a certain Mr. Rich- 
ardson. The opposing counsel, in presenting their pleas, made 
frequent reflections upon the ex-chief-justice, declaring that his 
faculties were failing, that he had a disease about him, and that 
he had been turned from the bench for incapacity. During the 
dehvery of these sentiments Judge Tyler sat within the bar, 
taking no notes, and apparently entirely oblivious of what was 
passing around him. When the time came for him to address 
the jury, he rose in his place, and turning his back upon the 
twelve men whose minds he was desirous of influencing, called 
out to his cHent :— " Richardson ! come here ! " Richardson 
started up in great astonishment, and made his way through 
the crowded court-room to the railing within which the lawyers 
sat " Richardson ! " said Judge Tyler, tuiTiing to that indi- 
vidual, who was exceedingly surprised at the oddity of the pro- 
ceedings, " go home ! There is no use of your staying here ! 
I thought you had a case, a good case ! " He then went on, 
with his back to the jury and judge, to tell his client all the 
strong points of his case, making it very plain, or, at least, 
making it appear, that Richardson had been basely abused by 
the lawyers on the other side. " But," said he in conclusion, 
" I was mistaken in supposing you had any rights that could be 
maintained. It appears you have no case because my faculties 
are failing, and, what is worse, you have no case at all, heccmm 
I home this patch on my nose. Go home ! Go home ! I can't 
be expected to say a word to the jury under such circum- 
stances ! " With these words Judge Tyler sat down. The o|> 
posing counsel were dumbfoundered at this mode of attack, 
but the jury were only out long enough to make up for Rich- 
ardson a most satisfactory verdict. 

Social in his disposition and possessing a mind well stored 
with information derived both from books and their prototypes, 
men, he was the delight of all who knew him, and was the lead- 
ing spirit on those occasions when the witty, the learned, and 
the wise were assembled. To high mental ability there was 
joined in his character an uncommonly benevolent and friendly 
disposition, which gained him the love and respect of many 



BIOGKAPHICAL SKETCH OF ROYALL TYLEK. Vll 

attached friends. As a judge he was conscientious, clear-minded, 
and just, both by a natural sense of right and an extensive know- 
ledge of precedents. His humanity, though naturally imbounded, 
was so guided as to produce the most beneficial results. As a 
citizen, he was public-spirited and liberal ; as a neighbor, 
thoughtful and unobtrusive ; as a husband, kind and attentive. 
His widow still survives him, in the enjoyment of all her mental 
faculties, though advanced in the octogenarian rank. The 
remains of Judge Tyler repose in the burial-ground at Brattle- 
borough. A white marble stone, which marks the place of hia 
sepulture, bears upon its face the following inscription : 

KOYALL TYLER 

Eeip. Y. Mont. Cur. Sup. Jurid. 

Princ. 

Mortem Obht 

Die XVI. Aug. Anno Domini 

MDCCCXXYI. 

Etatis Suae 

LXYHI. 

Uxor et liberi 

ejus 

Hoc saxum ponendum 

Curaverunt. 

As a contributor to the early literature of this country, Judge 
Tyler deserves to be held in honorable remembrance. The 
annexed account of his writings, is taken from that most 
valuable and tasteful work, the "Cyclopaedia of American 
Literature." 

"E-oyall Tyler was a wit, a poet, and a chief justice. His 
life certainly deserves to be narrated with more particularity 
than it has yet received. His writings, too, should be collected 
and placed in an accessible forni. American literature cannot be 
charged with poverty, while it has such valuables uninvested, 

in its forgotten repositories." In the year 1786 while at 

New York, for the purpose of conducting some negotiations con- 
nected with the suppression of the Shays rebellion, " a comedy 
which he had written during his military service was produced 
on the stage. It was entitled ' The Contrast,' and has the dis- 
tinction of being the first stage production in which the Yankee 
dialect and story-telling since so familiar in the parts written 



Y12 HISTORY OF EASTERN VERMONT. 

for riackett, Hill, and others, was employed. It was more than 
that. It was the first American play which was ever acted on 
a regular stage by an established company of comedians. It 
was played at the old John Street Theatre in New York, mider 
the management of Hallam and Henry, April 16th, 1786.* 
Its success was such as to induce the author to produce a second, 
entitled ' May Day, or New York in an Uproar,' for the benefit of 
the actor Wignell in the May following. 

" The Country Jonathan, in the ' Contrast,' on a visit to town, 
drops into the theatre with the expectation of seeing ' a hocus- 
pocus man,' and sits out a performance of the ' School for 
Scandal' without any notion that he has visited a play-house. 
On being asked if he saw the man with his tricks : ' Why, I 
vow,' says he, ' as I was looking out for him, they lifted up a 
great green cloth, and let us look right into the next neighbor's 
house.' ' Have you a good many houses in New York made 
in that ere way V he asks ; and is told, not many. To an in- 
quiry whether he saw the family, and how he liked them, he 
replies : ' "Why, I vow, they were pretty much hke other fami- 
lies. There was a poor, good-natured curse of a husband, and 
a sad rantipole of a wife.' At the close, he asks for his money, 
as he has not had the show. ' Tlie dogs a bit of a sight have I 
seen,' he says, ' unless you call listening to people's private 
business a sight.' 

" Tyler not long after gained considerable reputation by his 
contributions to that very pleasant newspaper and miscellany, 
one of the very best of its kind ever published in this country, 
the ' Farmer's Weekly Museum,' published at Walpole in New 
Hampshire, by Isaiah Thomas and David Carlisle. When 
Dennie became its editor, Tyler was called in to assist him with 
his contributions ' from the shop of Messrs. Colon and Spondee,' 
an amusing melange of light verse, and entertaining social and 
political squibs, which he had ah*eady opened in the journals, 
the 'Eagle' at Hanover, the 'Federal Orrery' at Boston, and 
the ' Tablet.' 

" Tyler also published a series of papers with the title, ' An 
Author's Evenings,' in the 'Port Folio' for 1801, and subse- 
quently. A liberal collection of the ' Colon and Spondee ' pa- 
pers is included in a volume published by Thomas and Thomas 

* He gave the copyright to the principal actor in the piece, Wignell, who pub- 
lished it by subscription. 



BIOGKAPniCAL SKETCH OF EOYALL TYLEE. 713 

at Walpole in 1801, entitled 'The Spirit of the Farmer's Mu- 
seum, and Lay Preacher's Gazette.' His facility in verse in 
these compositions was remarkable. He had great command 
of versification and an abundant fund of impromptu humor. 
His ' Colon and Spondee ' articles are divided between federal 
politics, attacks on French democracy, the Delia Cruscan lite- 
rature, and the fashionable frivolities of the day. The para- 
graphs in prose show the author's wit, taste in literature, and 
strongly marked opinions of the federal school in politics. 

" In 1797, he wrote a comedy in three acts, ' The Georgia 
Spec, or Laud in the Moon,' in ridicule of a speculating mania 
for wild Yazoo lands. It was repeatedly performed in Boston 
with success. He wrote some other dramatic productions, but 
none of them have been published. 

" In 1797, appeared from the press of David Carlisle, at Wal- 
pole, in two volumes, his ' Algerine Captive, or the Life and 
Adventures of Updike Underbill : Six Years a Prisoner among 
the Algerines.' It is dedicated to the poet Humphreys. This 
work is said to have been mistaken by an English critic for a 
narrative of actual adventure. It is a fictitious book of me- 
moirs, in which the author ventilates his opinions on various 
topics of American society, paints the horrors of the slave- 
trade, and the now almost incomprehensible grievances which 
the European and American powers for a long time endured 
from the assumptions of the Algerines. In the close of the work, 
there are some sketches of Mahometanism. Tlie book is written 
in short chapters, with spirit and neatness of style. There is 
quite enough of ingenuity in the thought, coupled with the de- 
scriptions of the manners of the times, to redeem this work from 
the neglect into which it has fallen. Though printed in, at least, 
a second American edition, it is now exceedingly scarce. 

" In 1799, he composed a Fourth of July ode for the public 
celebration of the day at Windsor, Vermont, and a convivial 
song for the same occasion. He was frequently called upon 
for these services, and for the occasional prologues in vogue at 
charitable and other theatrical benefits. 

" In 1804, we notice Tyler as a contributor of verses to the 
' Columbian Sentinel.' In 1809, he published two volumes of 
' Reports of Cases in the Supreme Court of Yermont.' He still 
continued to write for the journals, in the Port Folio, and in 
other quarters. Some of his latest productions appeared in the 
' New England Galaxy.' In 1806, he was a contributor to 



714 HISTOKY OF EASTERN VERMONT. 

Buckingham's monthly periodical, 'The Polyanthus,' of the 
papers entitled 'Trash,' and a number of fugitive poetical 
pieces, and again, on the revival of the publication in 1812." 

Tliough the writings of Judge Tyler are but little known at 
the present day, yet his ability has been warmly eulogized by 
those best acquainted with his scattered productions. " Tyler's 
contributions to the Farmer's Museum," observes the Hon. J. 
T. Buckingham, " were numerous, and, if collected, would fiU 
several volumes. He wrote rapidly, and could vary his style 
' from grave to gay, from lively to severe,' as easily as he could 
draw on his glove. Most of the articles, purporting to be ' from 
the Shop of Messrs. Colon and Spondee,' were written by him ; 
the poetical pieces, I believe, are all of his composition. These 
he generally threw off with a dash of the pen, seldom taking 
any pains to revise them. They are noted for inaccuracy of 
rhymes — a defect which he thought hardly worthy of his atten- 
tion, — but they are remarkable for sprightliness of thought and 
expression, and an easy flow of language. Tliey embraced 
topics of all sorts, local and general, temporary and permanent, 
and were well charged with wit and humor. The complexion 
of the political articles was ^vlvqIj fedei^aV Tlie remarks of 
the Rev. Hosea Beckley respecting the literary efforts of Judge 
Tyler, though a little adulatory, are worthy of notice. " His 
Algerine Captive is one of the best works of the kind which 
our country has produced, and is evidence of great invention 
and versatility of talents in the writer. Several of his charges 
to juries and condemned criminals were published, and are 
specimens of elegant composition, as well as evidence of his 
professional knowledge. He was a man of ready wit and great 
facetiousness. So innate was his vein of humor, that in his last 
days, under the painful and melancholy inroads of a cancer, 
scintillations from his happy genius would occasionally burst 
forth. His pen was often applied to correct and polish manu- 
scripts designed for the press." * 

The limits of this sketch will not allow of the introduction of 

* Harv. Coll. Triennial Catalogue. Yale Coll. Triennial Catalogue. Thomp- 
son's Vt., Part 11. pp. 149, 150. Denung's Catalogue Vt. Officers, passim. Ira 
Allen's Hist. Vt., p. 248. Beckley's Hist. Vt., p. 274. Cyclopsedia of Am. Lit., 
by E. A. and G. L. Duyckinck, L 415-420. Dunlap's Hist. Am. Theatre, London 
ed., 1833, pp. 135-141. Monthly Anthology, Boston, ix. 344-347. Buckingham's 
Specimens of Ne-wspaper Literature, L 161, 162; ii. 177, 197, 199-210, 2-J6. The 
Spirit of the Farmer's Museum and Lay Preacher's Gazette, Walpole, N. II., ISOl, 
passim. 



TREATMENT OF SLAVES ON BOAED SHIP, 715 

but one extract from his writings. That selected is a chapter 
from the Algerine Captive. The author, in this instance, ap- 
pears as a surgeon on board of a slaver. The title of the chap- 
ter is — 

" Treatment of the Slaves on board the Shep. — Of one 
hundred and fifty Africans, we rejected seventeen, as not mer- 
chantable. While I was doubting which to lament most, tlu^se 
who were about being precipitated into all the miseries of an 
American slavery, or those whom we had rej ected, as too wretched 
for slaves, Captain Russell was congratulating the slave con- 
tractors upon the immense good hick they had, in not sufiering 
more by this lot of human creatures. I understood that, what 
from wounds received by some of these miserable creatures at 
their capture, or in their violent struggles for liberty, or at- 
tempts at suicide ; with the fatigue of a long journey, partly 
over the burning sands of a sultry climate, it was usual to esti- 
mate the loss in the passage to the sea-shore, at twenty-five per 
cent. 

"Xo sooner was the purchase completed, than these wretched 
Africans were transported in herds aboard the ship, and imme- 
diately precipitated between decks, where a strong chain, at- 
tached to a staple in the lower deck, was riveted to the bar, 
before described ; and then the men were chained in pail's, and 
also handcuffed, and two sailors with cutlasses guarded eveiy 
twenty : while the women and children were tied together in 
pairs with ropes, and obliged to supply the men wth provisions, 
and the slush bucket ; or, if the young women were released, it 
was only to gratify the brutal lust of the sailors : for, though I 
cannot say I ever was witness to an actual rape, yet the fre- 
quent shrieks of these forlorn females in the berths of the sea- 
men, left me little charity to doubt of the repeated commission 
of that degrading 'Crime. The eve after we had received the 
slaves on board, all hands were piped on deck, and ordered to 
assist in manufacturing and knotting cat-o'-nine-tails, the appli- 
cation of which, I was informed, was always necessary to bring 
the slaves to their appetite. The night after they came on 
board, was spent by these wretched people in sobbings, groans, 
tears, and the most heart-rending bursts of sorrow and despair. 
Tlie next morning, all was still. Surprised by this unexpected 
silence, I almost hoped that Providence, in pity to these her 
miserable children, had permitted some kindly suffocation to 
put a period to their anguish. It was neither novel nor uucx- 



^16 HISTORY OF EASTERN VERMONT. 

pected to the ship's crew. ' It is only the dumb fit come on,' 
cried every one ; ' we will cure them.' After breakfast, the 
whole ship's crew went between decks, and carried with them 
the provisions for the slaves, which they one and all refused to 
eat. A more affecting group of misery w^as never seen. These 
injured Africans, preferring death to slavery, or perhaps buoyed 
above the fear of dissolution by their religion, which taught 
them to look with an eye of faith to a country beyond the grave, 
where they should again meet the friends and relatives, from 
whose endearments they had been torn, and where no fiend 
should torment, or Christian thirst for gold, had, wanting other 
means, resolved to starve themselves, and every eye lowered 
the fixed resolve of this deadly intent. In vain were the men 
beaten. Tliey refused to taste one mouthful ; and, I believe, 
would have died under the operation, if the ingenious cruelty 
of the clerk, Randolph, had not suggested the plan of whipping 
the women and children in sight of the men ; assuring the men 
they should be tormented until all had eaten. What the tor- 
ments, exercised on the bodies of these brave Africans, failed 
to produce, the feelings of nature effected. The negro, who 
could undauntedly expire under the anguish of the lash, could 
not view the agonies of his wife, child, or his mother ; and, 
though repeatedly encouraged by these female sufferers, un- 
moved by their torments, to persevere unto death ; yet, though 
the man dared to die, t\\Q father relented, and in a few hours, 
they all ate their provisions, mingled with their tears. 

" Our slave dealers being unable to fulfil their contract, unless 
we tarried three weeks longer, our captain concluded to remove 
to some other market. We accordingly weighed anchor, and 
steered for Benin, and anchored in the river Formosa, where we 
took in one hundred and fifteen more slaves. The same process 
in the purchase was pursued here ; and, though I frequently 
assured the captain, as a physician, that it was impracticable to 
stow fifty more persons between decks, without endangering 
health and life, the whole hundred and fifteen were thrust with 
the rest, between decks. Tlie stagnant confined air of this 
infernal hole, rendered more deleterious by the stench of the 
faeces, and violent perspiration of such a crowd, occasioned 
putrid diseases ; and even while in the mouth of the Formosa, 
it was usual to throw one or two Negro corpses over every day. 
It was in vain I remonstrated to the captain. In vain I enforced 
the necessity of more commodious berths, and a more free influx 



TREATMENT OF SLAVES ON BOARD SHIP. 717 

of air for tliGvslaves. In vain I rej)resented, that these miserable 
people had been used to the vegetable diet and pure air of a 
country life ; that at home they were remarkable for cleanli- 
ness of person, the very rites of their religion consisting almost 
entirely in frequent ablutions. The captain was, by this time, 
pre] udiced against me. He observed that he did not doubt my 
skill, and would be bound by my advice, as to the health of 
those on board his ship, when he found I was actuated by the 
interest of the owners ; but, he feared, that I was now moved 
by some Yankee nonsense about humanity. 

" Randolph, the clerk, blamed me in plain terms. He said he 
had made seven African voyages, and with as good surgeons as 
I was ; and that it was their common practice, when an infec- 
tious disorder prevailed among the slaves, to make critical search 
for all those who had the slightest symptoms of it, or whose 
habits of body inclined them to it ; to tie them up and cast them 
over the ship's side together, and thus, at one dash, to purify the 
ship. ' What signifies,' added he, ' the lives of the black 
devils ? They love to die. You cannot please them better than 
by chucking them into the water.' 

" When we stood out to sea, the rolling of the vessel brought 
on the sea-sickness, which increased the filth. The weather 
being rough, we were obliged to close some of the ports which 
ventilated the space between decks ; and death raged dreadfully 
among the slaves. Above two thirds were diseased. It was 
affecting to observe the ghastly smile on the countenance of the 
dying African, as if rejoicing to escape the cruelty of his oppres- 
sors. I noticed one man, who gathered all his strength, and, in 
one last effort, spoke with great emphasis, and expired. I 
understood by the linguist, that, with his dying breath, he 
invited his wife, and a boy and girl to follow him quickly, and 
slake their thirst with him at the cool streams of their Great 
Father, beyond the reach of the wild white beasts. The captain 
was now alarmed for the success of his voyage ; and upon my 
urging the necessity of landing the slaves, he ordered the ship 
about, and we anchored near an uninhabited part of the gold 
coast, I conjecture not far from Cape St. Paul. 

" Tents were erected on the shore, and the sick landed. Under 
my direction they recovered surprisingly. It was affecting to 
see the effect gentle usage had upon these hitherto sullen, obsti- 
nate people. As I had the sole direction of the hospital, they 
looked on me as the source of this sudden transition from the 



718 HISTOKY OF EASTERN VERMONT. 

filth and rigor of the ship, to the cleanliness and kindness of 
the shore. Theu* gratitude was excessive. When they reco- 
vered so far as to walk out, happy was he, who could, by picking 
a few berries, gathering the wild fruits of the country, or doing 
any menial services, manifest his afiection for me. Our Hnguist 
has told me, he has often heard them behind tlie bushes, pray- 
ing to their God for my prosperity, and asking him with earn- 
estness, why he put my good hlack soul into a white body. In 
twelve days all the convalescents were returned to the ship, 
except five who staid with me on shore, and were to be taken 
on board the next day."* 



Samuel Wells. 

y^ tAf /^ With the history of Cumberland county, 
/f/^/yytAjE'lcS the name of Col. Samuel Wells is closely 
'/( m^mL connected. He was the son of Jonathan 

^^--C^^^^^^yf^IZ^ — Wells and Mary, his second wife, and was 

born at Deerfield, Massachusetts, on the 9th of September, 1730. 
He had three brothers, Jonathan, David and Oliver, and two 
sisters, Mary and Eebecca. He married Hannah Sheldon, and 
in July, 1762, settled in Brattleborough on a farm of six hun- 
dred acres, situated about a mile north of the East village. 
Here was born his family of thirteen children, two of whom 
died in infancy. The remaining five sons and six daughters, all, 
with the exception of one daughter, married in Brattleborough. 
A grant of twelve hundred acres of land in Canada having 
been made to each of them by the Crown, as a compensation 
for the losses which Colonel Wells had sufiered during the Re- 
volution on account of his adherence to the King, they all 
removed thither between the years 1798 and 1802. The daugh- 
ters were married to Samuel Gale, Ephraim Nash, Micah 
Townsend, Jonathan Gorton, Nathaniel Church, and Ephraim 
Stimpson. None of Col. Wells's children, bearing his name,- 
were ever prominent men, nor yet of his sons-in-law, with the 
exception of Samuel Gale, who married Rebecca, his first 
daughter, and Micah Townsend, who married his thii-d daughter. 

* The Algerine Captive, ed. 1197, i. 195-204. 



SAirUEL WELLS. Y19 

At the time of his removal to Brattleborough, the population 
of that portion of the ]^ew Hampshire Grants, was small and 
sparse, and many of the pioneers of civilization were contented 
when they were so fortmiate as to secure a roof for shelter and 
food to sustain life. The condition of Colonel Wells was, how- 
ever, superior to that of most of the early settlers of Vermont, 
and the influence of his character and position was for many 
years extensively acknowledged. Upon the establishment of 
Cumberland county by the government of New York, he was 
appointed a judge of the Inferior court of Common Pleas, a 
justice of the peace, and was authorized by a dedimus jpotestatem 
commission, to swear all who should take office in the county. 
The commissions issued in conformity with these appointments, 
were all dated the 17th of July, 1Y66, and he served under 
them until the authority from which they were derived ceased 
to be acknowledged by the people. During the same period 
he was the chief military man in the southern part of the county. 
When, in answer to the petition of the inhabitants of this dis- 
trict, the Council of New York, by an order dated the 23d of 
December, 1Y72, authorized them to choose two representatives 
to the General Assembly, Samuel Wells and Crean Brush were 
returned, and took their seats in the latter body on the 2d of 
February, 1773. As a memento of this election there is still 
preserved a note, written to Colonel Wells by John Bolton, who 
was probably a successful wire-puller, dated at " Westminster, 
June the 11th, 1773." It is to be regretted that the items covered 
by the word "Nesesares" were not stated. The note is in these 
words : 

" Sir : I have paid unto Jont. Safford nine Shillings and Six 
pence Lawful money of the Bay Province, for Nesesares the 
People of Halifax had when they Come to Lextion if you wold 
be so good as to pay y® same to Mr. Whipple y® Bearer by 
next thursday so as he may bring it to me, you will much oblige 
your Humble Servt." 

At the time of the " Massacre" at Westminster in 1775, Co- 
lonel Wells, although one of the court judges, was in attend- 
ance upon the General Assembly at New York, and was not 
aware of the circumstances connected with the development 
and results of the afiray, until the arrival of the messengers 
who had been dispatched with the tidings. In connection with 
his colleague Brush, he is supposed to have been instrumental 
in preparing the depositions which were signed by the messen- 



720 HISTORY OF EASTERN VERMONT. 

gers and presented to the Assembly, containing an account of 
the " Massacre " favorable to the action of the Crown adhe- 
rents, and condemnatory of the conduct of the Whigs. In the 
same year, during the recess of the Assembly, " he joined the 
ministerial members in a letter to General Gage at Boston," 
and seldom failed to evince a loyal disposition, even after po- 
licy had dictated an opposite course of action. On suspicion 
of having been engaged in an attempt to introduce arms into 
Cumberland county in behalf of Great Britain, for the purpose 
of reinstating and maintaining the administration of justice 
therein, he was examined before the New York committee of 
safety on the 12th of September, 1775, during the recess of the 
Provincial Congress, but he was dismissed, nothing having 
been proved against him. Though opposed to the American 
cause, he had sufficient skill and influence to preserve his pro- 
perty from confiscation, but was not able wholly to escape the 
odium which attached to a Loyalist, or the punishments which 
a profession of this nature so often incurred. From the records 
of the committee of safety for Cumberland county, it appears 
that Lieut. Leonard Spaulding, a most patriotic member from 
Dummerston, allowed his enmity towards Colonel "Wells to 
manifest itself, on one occasion, in a most improper manner. 
Tlie incident referred to was noticed by the committee in their 
proceedings on the 25th of July, 1776, and in order to wipe 
out the disgrace which had been cast upon them by the unwar- 
ranted act of the fiery Dummerstonian, they resolved " that 
Lieutenant Spaulding make suitable Confession to this Com- 
mittee for his Conduct in Taking CoP- Wells by military force ; 
that mode of proceeding Being Contrary to the minds of this 
Committee, and also a Violation of a Certain Eesolve formerly 
passed by this Committee." To this resolution is appended the 
following note : — " Mr. Spaulding Comply'd with the above 
Vote by his making proper Confession, &c." In the 'New 
York Gazette under date of June 23d, 1777, it is stated that 
" Judge Wells of Brattleborough had been lately confined to 
his farm and otherwise ill-treated," and it is known that, for a 
long time, permission was granted to any one to shoot him, 
should he be found beyond the bounds of his acres. 

His devotion to the interests of the mother country, though 
it did not lead him to avow openly the principles of a Loyalist, 
■was sufficiently strong to enlist his services in a private manner 
in her behalf. During the period in which the British agents 



REVOLUTION AKY LETTEK-CAKEYrS"G. 721 

in Canada were endeavoring to negotiate an alliance with the 
principal men in Yermont, for the purpose of reducing that 
state to the condition of a Crown province, his efforts were 
directed in behalf of this end. In a letter to General Frederick 
Haldimand, dated at New York, May 8th, 1781, and written, 
it is supposed, by Beverly Robinson, notice is taken of the 
willingness of Wells to promote the interests of Great Britain. 
" Colonel Wells of Brattleborough," said this writer, " has sent 
his son-in-law* with verbal information that throws great light 
upon the conduct of Yermont. We take him to be a friend, 
and he says by this messenger that you know him to be so. Is 
it true ? He offers his services for a monthly interchange of 
letters between Canada and the coast of Connecticut, where we 
are to find a friend to give and receive dispatches. Do you 
approve of this confidence ?" 

That the offer of Wells was ultimately accepted, and that he 
and Luke Knowlton of Kewfane, lent their aid to advance the 
interests of Great Britain, is proved by the following facts. In 
the month of April, 1782, Christopher Osgood of Brattlebo- 
rough, a housewright by occupation, was hired by Knowlton to 
carry a letter to William Smith of the city of ISTew York, who 
had formerly been chief justice of the province. The letter, it 
was supposed, was from General Haldimand, and was brought 
from Canada to Newfane by Solomon Ball. Osgood received 
from Knowlton twenty-eight dollars for this service, and on his 
return early in June, received from Smith an undirected letter, 
with verbal orders to deliver it to Knowlton and a reward of 
thirty guineas for his trouble. In the month of August follow- 
ing Shadrach Ball arrived at Brattleborough with another letter 
from Canada directed to Smith. Osgood was on this occasion 
employed by Wells, who gave him five pounds to take the let- 
ter to New York. After remaining a few days in that city, he 
set out on his return, being the bearer of a letter without direc- 
tion from the British secretary Morgan, which he had orders to 
deliver to Wells. For this last service he was rewarded with 
fifty guineas. Of the information communicated he was igno- 
rant, but was commanded to destroy the letters in the event of 
his capture. 

The fact that an embassy of this character had been estab- 

* Samuel Gale is probably referred to. His associates were among the British 
military, and his sympathies openly and wholly with royalty. 

46 



'QQ 



HISTORY OF EASTERN VERMONT. 



lislied becoming known to the authorities of Ehode Island, 
measures were immediately taken to end it. In the latter part 
of October, or early in November, the sheriff of that state ar- 
rived in Brattleborough, arrested Christopher Osgood and carried 
him to Providence. Here on the 13th of November, at a ses- 
sion of the court of assize and general jail delivery, he was 
brought before the Hon, Paul Mumford, chief justice of the 
Superior court of judicature, and upon examination detailed 
the facts above stated. Tlie " Information of Christopher 
Osgood" was on the 19th, sent by the Lieutenant Governor of 
Rhode Island to Congress, accompanied by a letter from that 
official. These documents, " containing evidence " as was then 
stated, " that some of the leaders in Yermont, and particularly 
Luke Kjiowlton, who had been deputed in the year 1780 to Con- 
gress as agent for that party opposed to its independence, but who 
had since changed sides, had been intriguing with the enemy 
in New York" — these documents were read in Congress on the 
25th, and were referred to Samuel Osgood, Daniel Carroll, and 
John Rutledge. 

In acting upon their report, which was presented on the 27th, 
Congress, by a resolution passed in secret session, directed the 
commander-in-chief "to take immediate measui-es for appre- 
hending and securing Luke Knowlton of Newfane, and Samuel 
Wells of Brattleborough, both of the district of country common- 
ly called the New Hampshire Grants, west of Connecticut river, 
and such others within the district aforesaid as there may be 
good reason to apprehend have been concerned with the said 
Knowlton and Wells in a dangerous correspondence and inter- 
course with the enemy." Permission was also granted to the com- 
mander-in-chief to notify to those "exercising authority in the 
district aforesaid" the grounds upon which the arrest was de- 
manded. At the same time, the subject of the independence 
of Yermont was discussed, and representatives from a number 
of the states declared their views on the subject. 

On the 3d of December, the same topic was again brought for- 
ward, and the opinion was openly expressed that the leaders of 
Yermont were " perfidious men." In order to warn the northern 
states of the dangers to which they were exposed by the 
machinations of internal foes. Congress resolved, in secret ses- 
sion, to furnish a copy of Christopher Osgood's declaration to 
the "supreme executives of the states of New Hampshire, 
Massachusetts, Connecticut, and New York." The charges 



FLIGHT OF WELLS AND KNOWLTON. T23 

contained in his " information," implicating as they did, certain 
citizens of each of these states in " treasonable practices," ren- 
dered this course necessary for the safety of all. Pursuant to 
the resolution of the 27th of November, an officer was sent into 
Vermont to arrest "Wells and Knowlton, but they had been pre- 
viously informed that such an attempt would be made, and had 
left the state before the officer arrived. An account of this 
proceeding was sent to Congress by General Washington, to- 
gether with the report of the officer who had been sent to make 
the arrest. From the representation of the latter, it appeared 
on the statement of Israel Smith of Brattleborough, "that 
Knowlton and Wells had received a letter from Jonathan 
Arnold, Esquire, at Congress, part of which was made public, 
which informed them that affairs in Congress were unfavorable 
to them, and would have them to look out for themselves." 
The subject was again considered on the 27th of January, 1783, 
and Mr, Arnold, who was present when the papers were read, 
expressed his surprise at the declarations which they contained 
respecting himself; denied that he had ever held any corre- 
spondence with either Knowlton or Wells ; and requested a copy 
of the above charge. In this request he was indulged without 
opposition, "but it was generally considered," Mr, Madison ob- 
serves, " notwithstanding his denial of the correspondence, that 
he had, at least at second hand, conveyed the intelligence to 
Vermont," A similiar opinion was entertained by Governor 
Clinton. In a letter to Colonel Floyd, dated the 6tli of February, 
1783, he said : — " Wells and Knowlton have both fled the coun- 
try, and there is strong reason to suspect they had notice of the 
measures which were taken for their apprehension, from a 
quarter too, where secrecy should have been observed. A letter 
from a member of Congress to a person in that quarter, is said to 
have given them the alarm," As to the design of Wells in this 
affair, there can be but little doubt that he aimed to reduce 
Vermont to a Crown dependency. Of the conduct of Knowl- 
ton, it is a fair inference that he was influenced, by Wells to 
engage temporarily in advancing the views of that stern old 
Loyalist. His subsequent conduct, however, proved his hearty 
adherence to the American cause, and his true devotion to the 
best interests of Vermont.* 



* There is reason for supposing, that Wells, while engaged in behalf of the 
British in the transactions detailed in the text, was regarded by the principal 



724 HISTORY OF EASTERN TERMOXT. 

Colonel Wells maintained his principles as a Loyalist firmly 
to the last. The opening sentence of his 'Will, which was exe- 
cuted on the 28th of October, 1784, was in these words : " In 
the name of God, Amen, I, Samuel Wells of Brattleborough, 
formerly in the county of Cumberland, in the province of ISTew 
York, but now the territory called and known by the name of 
the state of Vermont, do make my last will and testament in 
manner and form following," etc. JVIicah Townsend, his son-in- 
law, being one of the heirs and administrators under the will, 
and at the same time probate judge of the district of Marl- 
borough, which district included Brattleborough, the General 
Assembly, by an act passed on the 21st of October, 1786, per- 
mitted the probate judge of the district of Westminster to 
administer on the will, " as fully and as amply as if the said 
Samuel Wells had died in the district of Westminster." Wells 
died deeply insolvent, his estate being valued at £1577 6s. 2hd., 
and his debts amounting to £5880 2s. l^d. Among his creditors 
were Abraham Lot, Goldsbrow Banyar, William Wickliam, the 
Hon. William Smith, Stephen Greenleaf, the estate of Crean 
Brush, and the estate of Josiah Willard.- 



men of Vermont as friendly to their interests, and tliat he vas admitted to their 
counsels. This opinion is supported by the following extract from Ira Allen's 
History of Vermont, in which an account is given of the flight of Wells. 

''In January, HSS, the late Colonel Samuel Wells of Brattleborough, being 
engaged in transmitting letters from Canada to New York, one of his packets 
was intercepted, and fell into tlie hands of some of the officers of the Continental 
troops. In consequence of which, a captain, with a company from Albany, was 
dispatched to seize the Colonel, who, on being informed of this circumstance, left 
his house to take shelter in Canada. In his flight he put up at Captain Otly's, at 
Bromley, in the Green Mountains. While at supper, the [Albany] captain and 
his men came to the house, and put up for the night. Iv^otwithstanding Colonel 
Wells was fully apprised of the captain's business, yet, reflecting that there was 
no dwelling at hand to which he could escape, and that such an attempt, besides, 
might awaken suspicions in the captain who was about to retire to rest, the 
Colonel went to bed, and remained there till his pursuers set out to Brattleborough, 
in hopes to find him there. Colonel Wells proceeded to Sunderland, to consult 
with General [Ethan] and Colonel [Ira] Allen, who advised him to set out for 
New York about twelve o'clock at night. A sleigh was accordingly provided for 
that purpose, which was brought to General Allen's door at the appointed hour, 
Colonel Wells set out in it, and having pursued his instructions, in the course of 
a few nights he arrived at New York in safety." p. 245. 

* Doc. Hist. N. Y., iv. 696-699. Journal N. Y. Prov. Cong., i. 145. Madison 
Papers, i. 206, 209-212, 281, 282. Secret Journal of the Acts and Proceedings of 
Congress, i. 245, 246. Deposition of Elijah Prouty, Jan. 31st, 1783. George Clin- 
ton Papers, in oflice Sec. State N. Y., vol. xvii. doe. 4926. Probate Records of 
Windham Co. Journals Gen. Ass, Vt., Oct., 1786, pp. 56, 59. Journal Ass. N. J. 



DANIEL WHIPPLE. 725 

Tlie firmriGss with which he adhered to the cause of royalty 
during the struggles of the Revolution, subjected him, as has been 
shown, to many annoyances and losses, and led him to engage 
privately in attempts to advance the interests of the mother 
country. Still he was an intelligent, wealthy, and influential 
gentleman, and was much esteemed and beloved in his private 
character. Three years after the peace of 'S3, he died in 
Brattleborough. A plain, white marble head-stone in the old 
burying ground, marks the spot where his mortal remains repose, 
and bears the following inscription : — 

J-n Memory of CoP Samuel Wells of this town, a Judge of 
Cumberland County Court, and a Member of the Affembly 
of the Province of New York, who departed this life the 6^'' 
of Aug' 1786, the 55"' year of his age. 

His friends, the ftranger and the poor have loft 

A kind companion and a generous hoft : 

When he fell — the ftatefman fell. 

And left the world his worth to tell. 



DAJSflEL WHIPPLE. 

Daniel Whipple of Brattleborough was appointed on the 17th 
of April, 1770, by commission from the colonial government of 
New York, to the shrievalty of Cumberland county, in the place 
of John Arms resigned, and held that position until the latter 
part of the year 1772. Of his honesty and ability different 
views were entertained by the judges presiding in the courts 
within his bailiwick. In a letter to Governor Tryon, dated the 
6th of February, 1772, Judge Thomas Chandler stated that 
Whipple's conduct in striving to apprehend a party of rioters 
who had created much disturbance at Windsor, had led " His 
late Excellency the Earl of Dunmore, and the Honorable His 
Majesty's Council," to grant him a township of land as a reward 
for his services. Whipple presented this communication to 
Governor Tryon, but it does not appear that his application for 

1782, p. 10. Journal Council N. J., 1782, p. 1. MS. Letter from Rev. Canon 
Micajah Townsend, dated July 1st, 1856. See ante, pp. 485, 503, 504. 



726 HISTORY OF EASTERN VERMONT. 

a patent of the grant was allowed. On the 10th of October 
following, Samuel AVells and Noah Sabin, associate judges with 
Chandler, represented to Governor Trjon the unfitness of 
"Whipple for his place. Tliey accused him of charging and 
receiving mileage fees, when by law he was entitled to none ; 
of remissness and negligence in the execution of his office, mani- 
fested by committing "almost the whole care thereof" to depu- 
ties ill-chosen and unfit for the trust ; of exacting exorbitant 
and unlawful fees ; and of refusing to receive prisoners into 
custody who had been taken on execution. Conduct like this 
they declared to be " totally subversive of the authority of the 
civil magistracy" in the county, and "highly prejudicial and 
displeasing to the well disposed inhabitants" therein residing. 
Tliese statements were confirmed by Crean Brush, clerk of the 
county, and Whipple was soon after dismissed from office. He 
was succeeded by William Paterson, who was afterwards con- 
spicuous at the " Westminster Massacre." The time of his death 
is not known, but the letters of administration taken out by Mary 
Whipple, administratrix upon his estate, were dated at New 
York on the 15th of April, 1775.* 



JOSIAH WILLARD. 

CoL. JosiAH WiLLARD, the commandcr at Fort Dummer from 
1740 to 1750, was the son of Hemy Willard, who married Dor- 
cas Cutler of Lancaster, Massachusetts. At this place he was 
born about the year 1693, and here he married Hannah Wilder. 
He was among the first settlers — a founder in fact — of Lunen- 
burgh, in the present county of Worcester, Massachusetts, for a 
long time a frontier town. His grandfather Major Simon Wil- 
lard, who came to this country as early as 1655, was one of the 
first settlers of Concord, Massachusetts, and was "highly dis- 
tinguished both as a civil and military character." His uncle, 
the E,ev. Samuel Willard, was for a time vice-president of 
Harvard College. Colonel Willard died on the 8th of Decem- 
ber, 1750. He bore the character of a faithful and intelligent 
public officer, and was without reproach in the relations of pri- 
vate and domestic life. 

• N. y. Colonial MSS., in office Sec. State K Y., vol. xeix. 



JOSIAH WILLAED JK. T2T 



JOSIAH WTLLAKD JR. 

JosiAH "WiLLAED Jr., a son of the former, was born in January, 
1716, and married Hannah Hubbard of Groton. For several 
years he was intrusted with the charge of a garrison at Ashue- 
lot (now Keene), New Hampshire, and in 1749 removed to 
Winchester in that province. On the death of his father he 
was promoted to the station he had held. Notice of this ap- 
pointment was conveyed to the son by another Josiah Willard, 
a cousin, who for thirty-nine years was secretary of the pro- 
vince of Massachusetts by a royal commission. "I heartil}' 
join with you and your family," wrote the secretary in his let- 
ter dated the 18th of December, 1750, "in your Mourning for 
the Death of your Father, esteeming it a great publick loss. 
His Honor, the Lieutenant-Governor, has been pleased to ap- 
point you to succeed him in the command of Fort Dummer, as 
will appear by the enclosed commission." With the office he 
also received the title which his father had borne. He was a 
member of the Assembly of the province of New Hampshire, 
and possessed great influence among the inhabitants on the 
" Grants." He died at Winchester in 1786, at which place the 
death of his widow occurred in August, 1791. The following 
notice of his death appeared in one of the gazettes of that pe- 
riod : — " Winchester, November 19th, 1786. This day departed 
this life, in sure hope of a glorious immortality, in tlie seventy- 
second year of his age, to the great loss of his family and 
friends, as well as the public in general, Josiah Willard, Esqr., 
an affectionate husband, a tender parent, a faithful friend, and 
a generous benefactor."* 

* N. Y. Colonial MSS., Dunmore, Tryon, in office Sec. State N. Y., January 
30th, 1771, vol. xcvii. Doc. Hist. N. Y, iv. 675. MS. Letter from Joseph Wil- 
lard, Esq., of Boston. Worcester Magazine, 1786. 



728 HISTOKY OF EASTEKN VERMONT. 



WILLIAM WILLIAMS. 




— y^C'i^^^^^'''>^^ 



In the year 1769, 
Capt. William 
Williams moved 
from Nortlibo- 
rougli, Massa- 
chusetts, with his family, and settled in the town of Marlbo- 
rough, Vermont. He was very active in promoting the inte- 
rests of the new settlement, and through his instrumentality 
Capt. Nathaniel Whitney and his brothers, Samuel and Jonas 
from Shrewsbury, Massachusetts, were induced to visit the 
place. Pleased with the locality, they purchased lands, be- 
came residents, and were always regarded as the most useful 
and influential citizens of Marlborough. To Capt. Williams is 
ascribed the credit of having erected the first framed building 
in the town. It was a barn, and was built on the farm subse- 
quently owned by Simeon Adams. 

Previous to his removal to Vermont, Capt. Williams had 
been engaged in the service of the colonies in the war which 
terminated with the peace of Paris, signed on the 10th of Feb- 
ruary, 1763. At the commencement of the war of the Revolu- 
tion he early became interested in behalf of the American 
cause, and acknowledging the jurisdiction of New York over 
the New Hampshire Grants, was elected a delegate to the first 
Provincial Congress of that state, which commenced its session 
on the 22d of May, 1775. He was returned to the same posi- 
tion during the sessions which commenced on the 6th of De- 
cember, 1775, and on the 14th of May, 1776. Desirous of aid- 
ing in the cause which he had embraced, he, on the 9th of 
June, 1775, in connection with Benjamin Wait and Joab Hoi- 
sington, ofiered his services to the Provincial Congress, promis- 
ing, in case they should be accepted, to use his utmost endea- 
vors to " raise a regiment of good, active, enterprising soldiers." 
The object of these patriots, as stated by themselves, was to 
form in Cumberland county a body of minute-men, who would 

be " duly prepared at the least notice to keep under 

proper subjection, regulars, Roman Catholics, and the savages 
at the northward ; as also, to be ready at all times, to defend our 
rights and privileges against ministerial tyranny and oppression." 



WILLIAM WILLIAMS. YSO 

Of the appreciation in which he was held as a soldier, an 
opinion may be formed from the following passage, taken from 
a letter written by Ethan Allen and Seth Warner to Eliphalet 
Dyer and Silas Dean, dated at Philadelphia, July 4:th, 17 75. 
" Capt. William Williams, who served in that rank in the 
ranging service with honom' during the last war, and since has 
been a major of mihtia in Cumberland county, is desirous to 
join the battalion of Green Mountain Boys in rank of major, 
and complete a full regiment ; and though the Green Mountain 
Boys are fully satisfied by the present arrangement, neverthe- 
less, if the exigency of war shall render it expedient to make us 
a complete regiment, this gentleman will on notice, be at your 
Honours' service. His connections with many old rangers and 
marksmen, with his military abilities in such a department, 
would render him conspicuous, and very agreeable to our 
corps." 

At the commencement of the campaign of 1777, efforts were 
made to place the northern frontier in a state of defence, and 
to accomplish in part this pui*pose, General Schuyler was en> 
powered, by a resolution of the New York Provincial Congress, 
to dispatch one-fifth part of the militia of Cumberland county 
to reinforce the garrison at Ticonderoga. In reply to the requi- 
sition made upon Colonel Williams, in consequence of this 
resolve, he stated, in a letter dated the 13th of April, 1777, that 
the inhabitants were unwilling to serve in the battalions of the 
state of New York, but were ready to act as the militia of the 
New Hampshire Grants, or of a new state. Although it does 
not appear that he was present at the evacuation of Ticonde- 
roga, which soon after took place, yet he distinguished himself 
at the head of a regiment in the battle of Bennington, on the 
16tli of August following, and shared in the glory of the victory 
which crowned the efforts of that day. 

He did not long continue a resident of Marlborough. In 
1777 he was a citizen of Wilmington, and during the years that 
followed, frequently changed the place of his abode. Having 
at last settled in the province of Lower Canada, he continued 
to reside there until the time of his decease, in 1823, the same 
year in which occurred the death of his wife. As an ofiicer, 
he was brave, energetic, skilful, and humane : as a citizen, en- 
terprising, active, and progressive : as a neighbor, kind, polite, 
and attentive. The elegance and symmetry of his form were 
as perfect as his manners were agreeable. He was held in 



730 HISTORY OF EASTERN VERMONT. 

high estimation by the inhabitants of the various towns in 
which he dwelt at different times, and though of a wandering 
disposition, could easily accommodate himself to any circum- 
stances in which he might be placed.* 



AZAEIAH WRIGHT, 



Q^^rtoA 2^/^^tk^^^ 



WHO bore a prominent part 
in the proceedings con- 
nected with the ""West- 
minster Massacre," was 
noted for the boldness of his nature, and the eccentricity of his 
conduct. Of the time and place of his birth, and of the period 
at which he removed to Yermont, nothing is known. In the 
old French war, he served as a frontier soldier in Capt. John 
Burk's company of rangers, and was stationed at Hinsdale's 
Fort in 1Y5Y. Peculiarly fitted for the rough life of a pioneer, 
he delighted to act in those scenes which tended fully to develop 
his capacity to overcome the obstacles of an unknown wilder- 
ness, and never failed to exhibit an energy and a perseverance 
which commanded success. As early as the year 1770, he was 
the captain of a militia company at Westminster, and, owing 
to the precision with which, as a soldier, he had been taught to 
obey, became a most strict disciplinarian, and trained his men 
with all the severity and rigor of a martinet. Of the part 
which he performed in the affray which occurred at "Westmin- 
ster on the 13th of March, 1775, an account has been already 
given. During the winter of 1776, he went to Quebec with 
twelve men, but of his exploits on this occasion, no record has 
been preserved. 

Being a staunch supporter of the cause of the colonies, he 
regarded with suspicion those who had rendered themselves 
liable to the charge of Toryism, and did not fail to express his ■ 
views of them in the plainest terms. In the month of Septem- 
ber, 1779, Thomas Chandler Jr., of Chester, was chosen to 
represent that town in the General Assembly of Yermont, and 

* MS. Hist, of Marlborougli, by Rev. E. H. Newton. Journal N. Y. Prov. 
Cong., i. 800 ; ii. 61, 431. 



AZAEIAH WEIGHT. 731 

ill the following October was elected speaker of the House. 
Regarding Chandler as an unfit person for these positions, 
Wright determined to obtain his removal. To efiect this end, 
he addressed two letters to the Governor and Council during 
the session of the Legislature, dated March 14th, 1780, in which, 
in uncouth language, he blindly expressed his views as to the 
character of Chandler. The first letter was in these words : — 

" To his Excellency Governor in Chief, Left Governor and 
prudent Council of Freemen with Greeting, I send, not forgeting 
the Independent State of Vermont. Fortitude Good Manners 
Honisty resolution makes a Free people, being not thoughtless 
of the fountain from whence, &c. Now Gentlemen I beg 
assistance as one Mr. Pompee of Chester has Borrowed of me 
the value of Six or Eight Silver Dollars in horse tackling which 
when required to return the Chief Speaker his Agent Thomas 
Chandler Esq"" answers for him in wrighting. Not Gentlemen 
that I should grieve myself for the loss of 6 or 8 Dollars, but 
with and, &c., that said Esq"" Chandler should be Chief Speaker 
for the black Ethiopian not for "Whites, if your Honours Can 
do any thing I should remain your most obedient 

" Azariah Wright. 

"put Law in force sift the House." 

The ofi'ence chaVged in this letter seems to have been that 
Thomas Chandler Jr., while speaker, had appeared as an attor- 
ney in behalf of Pompey Brakkee, a negro.* The other note 
was as follows : 

" Great is amarica, there terror starts all Yourope, Exolted 
be Yarmount tlio Little May be head, and ware the Crown of 
gustus, ferfull am I of that, while Deceit is att head, Not to 
condemn the whole, nor gustify any only by marit, it is amazing 
that People that have ben led to the Slaughter by Deceit Should 
trust the same man for there Counceller, thomas Chandler Esq"^ 
I ment, who wrote to Incurrige the ferse Soons of Liberty to 
assembel att Westminster, Declaring he new his farthers mind, 
and by Deceit we lost two brave herooes these are to Eemind 
Deceit and Shun Destruction To the Exclet Govemers and 
Councle from your most obedent Azariah Wright. 

" Westminster March the— 14— 1780." 

The contents of these notes soon became publicly known, and, 
singular as it may seem, Chandler was in consequence " brought 

*= See ante, p. 331, note. 



732 HISTOKY OF EASTERN VERMONT. 

into great discredit" among the. representatives, and lost his seat 
as speaker. He immediately commenced a snit against "Wright 
for libel, and laid his damages at £10,000 lawful money. On 
the trial which occurred in the mouth of June following, Wright 
pleaded not guilty, and the case having gone before a jury, the 
plaintiff obtained judgment for £3 damages besides costs. 
Within twenty -four hours after the decision was rendered, the 
case was reviewed. At an adjourned session of the court, held 
in August, Chandler obtained judgment against the defendant 
for the sum of £6, lawful money, damages, and £216, lawful 
money, costs of suit. Execution having been granted upon the 
property of Wright, it was satisfied in October, by the payment 
of eight hundred and six continental dollars. 

But the peculiarities of his disposition were not displayed in 
libellous publications alone. According to a complaint presented 
by his wife, Miriam, it appears that on the evening of the 6th 
of December, 1780, he did "violently assault and beat her;" 
and that on the 11th of the same month, he did put her " in fear 
of her life and safety," by " taking his sword and other weapons 
dangerous," and brandishing them over her in a threatening 
manner. On being brought before the justices he was declared 
guilty of " a high breach of the peace," and was recognized in 
the sum of £500 lawful money, to appear before the county 
court at their next session. Of the proceedings on this occasion 
there is no record, but it may be reasonably supposed, that 
influences were exerted to induce him to exercise liis pugilistic 
propensities in a more praiseworthy manner. 

Captain Wright, or as he was familiarly called " Uncle 'Eiah," 
was an Ethan Allen on a smaller scale. He was bold, rough, 
independent and outspoken. The singular recklessness of his 
character was often manifested in acts as thoughtless as they 
were strange. When the Rev. Joseph Bullen was first settled 
at Westminster, Uncle 'Riah, who was a church member in 
good standing, adhered strongly to the cause of the Rev. Mr. 
Goodell whose evil conduct had induced him to depart secretly 
from the town.* His antipathy to Mr. Bullen was as great as 
his friendship to Mr. Goodell was strong. So far did he carry 
his dislike to the former, as to administer to him a tweak of 
the nose, a cuff on the cheek, and " many other enormities," 
for which he was prosecuted, fined, and put under bonds to keep 

* See ante, p. 211, note. 



EXCOMMUNICATION OF CAPTAIN WKIGHT. 733 

the peace. Notwithstanding these punishments, he committed 
another assault upon Mr. Bulleu, in consequence of which the 
church resolved to excommunicate their rebellious member. 
On the Sunday appointed for this purpose, Uncle 'Riah made 
his appearance at church, duly equipped with his trusty 
" Queen's Arms," with which he paced the aisle during the 
whole of the time of service. As the exercises were closing, 
Mr. Bullen drew forth the letter of excommunication, and as 
he did so Uncle 'Riah stopped in his military march and 
faced him. As the paper was being opened. Uncle 'Riah 
brought the gun to his shoulder. The minister began to 
read. "Make ready !" shouted the captain, suiting the action 
to the order. Mr. Bullen, though intimidated, proceeded with 
the reading, but had enunciated only a few words, when Uncle 
'Riah said and did, "Take aim." Penetrated with a thrilling 
fear, that any further attempt on his part to publish the pro- 
scription, might put an untimely period not only to the present 
proceedings but to his own preaching, the minister passed the 
offensive order to John Sessions, his eldest deacon. Scarcely 
had the deacon commenced to read, when Captain Wright, 
with threatening look, brought his piece to bear upon him. 
"AH things are lawful but some things are not expedient," 
remarked Deacon Sessions to Parson Bullen, in the language 
of St. Paul, and returned the paper to his reverence. A con- 
sultation was then held among the spiritual officers of the 
church, which resulted in a decision favorable to a stay of pro- 
ceedings. Tliereupon the letter of excommunication was folded 
up, the benediction was pronounced, and Uncle 'Riah marched 
home in triumph.* 

* This story is detailed in a different form and with numerous embellishments, 
by Dr. John Andrew Graham, in his " Descriptive Sketch of the present state of 
Vermont," published at London, in 179*7. According to his account, which is in 
a measi;re apocryphal, Captain Wright was " a man more sinned against than 
sinning." The version given by the credulous doctor is as follows : — 

" Before we tate leave of Westminster, it may not be imwortliy of remark, that 
the second Protestant church in the state was built at this place. I shall also add 
an aneed'jte of an honest farmer (one of the original settlers), which happened at 
Westminster, and which will serve to show the fanatical spirit which then pre- 
vailed — <o contrary to that liberal toleration now prevalent over America, and 
which so happily unites every denomination of Christians in the bond of charity 
and love. But to my story. 

"The farmer in question was a plain, pious man, regular in the discharge of his 
duty, both to God and his neighbor; but unluckily he happened to live near, one 
with wh'im he was not inclineil to cultivate eitlier civil or friendly terms. This 
troublesome personage was no other than a monstrous over-grown he-bear, that 



734 HISTORY OF EASTERN VERMONT. 

Tradition has preserved tbe shadowy outline of other events, 
in which the wayward old captain bore a part Enough, how- 
ever, has been said to set forth the character of the man. He 
was the representative of a class, whose services as pioneers in 
the settlement of a new country are always of the highest im- 
portance, and whose indomitable perseverance and courage, 
when rightly directed, are sure to lead to eminence in the more 
daring pm'suits of life.* 

descended from the mountains, trod down and destroyed the corn-fields, and 
carried off whatever he laid his paws upon. The plundered sufferer watched 
him in vain, the ferocious and cunning animal ever finding methods to elude his 
utmost vigilance. At last it had learned its cue so thoroughly, as only to com- 
mit its depredations on the Lord's day, when it knew, from experience, the coast 
was clear. Wearied out with these oft-repeated trespasses, the good man resolved 
on the next Sunday to stay in his fields, where with his gun he concealed himself. 
The bear came according to custom. lie fired and shot it dead. The explosion 
threw the whole congregation (for it was about the hour of people's assembling 
to worship) into consternation. The cause was inquired into, and as soon as the 
pastor, deacon and elders became acqiiainted with it, they called a special meet- 
ing of the church, and cited their offending brother before them, to show cause, 
if any he had, why he should not be excommunicated out of Christ's church, for 
this daring and unexampled impiety. In vain did he urge from the Scriptures 
themselves that it was lawful to do good on the Sabbath day. He pleaded before 
judges determined to condemn him, and the righteous parson, elders and church, 
una voce, agreed to drive him out from amongst them as polluted and accursed. 
Accordingly he was enjoined (as is customary on such occasions) on the next 
Sunday to attend his excommunication, in the church. He did attend, but not 
entirely satisfied with the justice of the sentence, and too much of a soldier to be 
scandalized in so public a manner for any action which he conceived to be his 
duty, he resolved to have recourse to stratagem. He therefore went to the 
appointment with his gun loaded with a brace of balls, his sword and cartridge- 
box by his side, and his knapsack on his back with six days' provision in it. 
Service was about half over when he entered the sanctuary in this martial array. 
He marched leisurely into a corner and took his position. As soon as the bene- 
diction was ended, the holy parson began the excommunication, but scarcely had 
he pronounced the words, " Offending brother," when the honest old veteran 
cocked and levelled his weapon of destruction, at the same time crying out with a 
loud voice, " Proceed if you dare ; proceed, and you are a dead man." At this 
unexpected attack, the astonished clergyman shrunk behind his desk, and his 
opponent with great deliberation recovered his arms. Some moments elapsed be- 
fore the parson had courage to peep from behind his ecelesiastical battery. On 
finding the old hero had come to a rest, he tremblingly reached the order to his 
eldest deacon, desiring him to read it. The deacon, with stammering accents and 
eyes staring wild affright, began as he was commanded; but no sooner had he 
done so, than the devoted victim again levelled his piece, and more vehemently 
than before exclaimed, " Desist and march. I will not live with shame. Desist 
and march, I say, or you are all dead men." Little need had he to repeat his 
threats. Tlie man of God leaped from the desk and escaped. The deacon, elders, 
and congregation followed in equal trepidation. The greatest confusion prevailed. 
The women with shrieks and cries sought their homes, and the victor was left 
undisturbed master of the field and of the church, too, the doors of which he 
calmly locked, put the keys in his pocket, and sent them, with his respects, to the 
pastor. He then marched home with all the honors of war, lived fourteen years 
afterwards, and died a brother in full communion," pp. 111-115. 

* MS. Court Papers. Vermont Republican, Friday, February 9th, 1855. 



APPENDIX A. 



735 



APPENDIXES. 



APPENDIX A. 



THE EQUIVALENl LANDS. 



Referred to on p. 14. 

"Boston, 28th December, 1713. Grants made by the Government of the Massa- 
chusetts Bay, for which Equivalents are to be granted, being so much that falls to 
the Southard of the Colony Line lately run. 

" To his Excellency Joseph Dudley Esqr . . . . 1,500 acres. 

To the Honble William Stoughton Esqr ... 818 

To Robert Thompson Esqr 2,000 

To CoL WiUiam Whiting 1,000 

To Mr Thomas Freak now Mr Woolcots . . . 2,000 

To Mr John ColUns 500 

To Mr John Collins Heu-s 500 

To Mr John Gore 500 

To Andrew Gardiner and Benjamin Gamling . . 500 
To Black James and company with their Assigns 

Lt Col WiUiam Dudley 2,228 

The town of Woodstock 30,419 

Sr Richard Saltonstall's Farm of 2000 acres, the 

one half 1,000 

The other half included in Enfield Tract lying 

south of the line 36,180 

Springfield 640 

79,785 
" The within fourteen articles of Land belonging to the Towns and Persons set down 
severally on the aforegoing side, are Grants of the General Assembly of the Colony 
of the Massachusetts Bay and taken up and surveyed accordingly, and by the running 
of the South Line of the Massachusetts Province are now found to fall to the south- 
ward of the said Lino, amounting to the number of 79,785 acres and the colony of 
Connecticut must have an equivalent granted them for the same. 

"The number of acres 79,785 to be allowed to Connecticut are to be taken up on 
the East side of Connecticut River." 
West of Connecticut river there was granted by Massachusetts of lands belonging 



736 



HISTOKT OF EASTERN VERMONT. 



¥ 



/ 



to Connecticut, to Springfield, 287 acres; to Suffield, 22,172 acres; to "Westfield, 
5,549 acres ; making in all 28,008 acres, which added to 79,785 acres, gives 107,793 
acres — the quantity of the land belonging to Connecticut which had been granted 
by Massachusetts. 

"Deo. 29, 1713. [Connecticut] agreed to take for 79,785 acres, the same from 
Mass., i. e. 40,000 in one place, 30,000 in another, 9,785 where it can be found, 
taking one side of the Great Kiver." 

The commissioners appointed to locate the equivalent lands, were Joseph Dudley, 
Governor of Massachusetts ; Gurdon Saltonstall, Governor of Connecticut ; Elisha 
Hutchinson and Isaac Addington of Massachusetts ; W^i'^'^ Pitkui and "William 
Whiting of Connecticut. On the 10th of November, 17l5, th^egenH^emen reported 
that they had laid out " 21,976 acres East of Hadly town (now Belchertown) ; 29,874 
acres North of the first surveyed piece (Pelham, &c.) ; 43,943 acres, "Within the 
Limits of the 2d Province on Connecticut River above the former settlements." The 
boundaries of the last portion are given in the text. It is uncertain where the other 
11,992 acres, which make up the complement 107,793, were located. — Records in 
office Sec. State Conn., entitled " Colonial Boundaries. Yol. III. Massachusetts. 
1670-1827." 

The equivalent lands were sold at Hartford, on the 24th and 25th of April, 1716. 
The purchasers were : 

" Gurdon Saltonstall New London Bsqr one share 

Paul Dudley Boston " " 

Addington Davenport " . " " 

Thomas Pitch " " " 



Anthony Stoddard 


(1 


II 


(( 


"WiUiam Brattle 


Cambridge 


Clerk 


11 


Ebenezer Pemberton 


Boston 


II 


i( 


William Dummer 


II 


Merchant 


one half share 


Jeremiah Dummer 


11 


Esqr 


11 


Jonathan Belcher 


II 


Merchant 


one share 


John White, 


11 


Gentleman 


II 


William Clark 


II 


Merchant 


11 


John Wainwright 


II 


u 


on-e third share 


Henry Newman 


London 


Esqr 


K 


John Caswell 


II 


Merchant 


(1 


Mary Saltonstall 


New London 


Dame 


one share 


Nathan Gold 


Fairfield 


Esqr 


one half share 


Peter Burr 


II 


11 


(( 


John Stoddard 


Northampton 


II 


II 


EUsha WiUiams 


Weathersfield Gentleman 


11 


John Read 


Lone Town 


II 


one share." 


ards in office Sec. State Mass., ii. 278, 








APPENDIX B. 




RENEWAL OF THE TREATY. 






Referred to on 


p. 24. 





"Province of the Massachusetts Bay — Fort Dammer, 1737. 

"Pursuant to an order from his Excellency the Governor to us the subscribers 



APPENDIX B. 737 

directed, appointing us to confer with Ontaussoogoe and other delegates of the Cag- 
nawaga tribe of Indians, we came to Fort Dumraer aforesaid, where we arrived on 
the 5th of October Anno Domini 1737. 

" We acquainted the said delegates that his Excellency the Governor having been 
informed that they were come to Fort Dummer to treat about some publick affairs, he 
had thereupon ordered and appointed us on behalf of the Government of the said 
Province to confer with them of such matters as were given them in charge, and 
that we should be ready to hear what they had to say when they were prepared to 
speak. The usual ceremonies being over, they withdrew. 

" October 6. Being met in the morning, Ontaussoogoe said to us as follows vizt. 
' Brother the Broadway, two years past I was at Deerfield ; the matter then 
delivered to us by you was, that the old covenant of peace and unity between our 
brother the Broadway and us might be continued. 

" ' "We now return in answer for our three tribes, that our desire is that it might 
remain firm and unshaken, and do from our heart promise that the covenant shall 
not be broken on our part, but if ever there should be any breach, it shall begin on 
yours, and the God of Heaven who now sees us and knows what we are doing, be 
witness of our sincerity.' Then laid down a belt of "Wampum. 

" Ontaussoogoe then said again, ' We your brethren of the three tribes have learned 
by hear say, that our Brother the Broadway has lost his wife. Such losses ought 
to be made up. We did not know whether the Govr would be capable of a Treaty 
under his afdiction, but find that he is, and are thankful for it.' Then gave a belt 
of Wampum to quiet the Govrs mind and remove his grief for the loss of his wife, 
and added, ' I rowl myself in the dust for the loss of our great men.' 

" Ontaussoogoe said again, ' We do in the name of our three tribes salute the Govr 
and all the Gentlemen belonging to him Tho' at a great distance and strangers, yet 
something acquainted. This was their desire and our design when we came from 
home thus to salute you with this belt, wishing you happiness, and prosperity ;' laid 
it down, and said they had done speaking. 

" We then said to them, we would take what they had delivered into conside- 
ration, and return answer thereto in the afternoon. We then drank King George's 
health to them. Tliey also drinked King George's health and the Governor's and 
to us. 

" In the afternoon being met. We said to them, ' You have in strong terms assured 
us that the covenant of friendship renewed two years ago at Deerfield between this 
Government and the Cagnawaga tribe shall always remain firm and unshaken, and 
we do in the name and behalf of the Government, assure you that they wil cultivate 
the friendship they have contracted with your tribe, and that nothing in our own 
hearts, nor the instigation of otliers, shall ever prevail upon us to break our solemn 
engagements to you, but we shall always hold ourselves under the strongest obliga- 
tions to a punctual observance of what we have promised.' We then gave a Belt 
of Wampum. 

" 'You have in your speech to us this day condoled the death of the Governour's 
Lady. Her death was the cause of mucli grief to him. We doubt not but your 
sympathizing with him, will tend to abate and hghten his sorrow. We take this 
occasion to express our concern for the death of your friends and to comfort your 
hearts under your afflictions.' We then gave three black Blankets instead of a Belt. 

" 'We kindly accept the salutation of your people, and esteem it a token of their 
respect and friendship to us, and we do in the name of the Government return the 
like salutation to your old men and young, both to your counsellors and to your men 
of war, to all of them we wish prosperity and happiness for ever.' Then we gave a 
Belt of Wampum. 

" Ontaussoogoe said, ' Gentn, I return thanks, you have rehearsed all that has been 

47 



738 HISTORY OF EASTERN VERMONT. 

said this day — are glad your hearts are disposed as we find they are to friendship and 
desire that they always may, and declare that ours ever will, and thank God for it— 
and wishes well to all.' 

" We then driuked the Govrs health, 

" The speeches being ended, we then in the name of the Govt Gave a present to 
them of the value of seventy pounds ten shillings. 

"John Stoddard, Eleazr Porter, Thos Wallis, 

Joseph Kellogg, Isr. Williama, Comrs." 
— Records in office Sec. State Mass., xxix. 333-335. 



APPENDIX C. 

TOWNSHIP NUMBER ONE. 

-Referred to on p. 58. 

The names of those persons who were admitted grantees, or proprietors of town- 
ship No. 1, on the 19th of November, 1736, were: 

Capt. Joseph Tisdale, Deacon Samuel Sumner, 

James Williams, Ensign Seth Sumner, 

Capt. James Leonard, Lieut. Morgan Cobb 2d, 

Edmond Andrews, Lieut. John Harney, 

James Leonard 3d, Ensign Edward Blake, 

Joseph Willis, Eliakim Walker, 

Josiah Lincoln, Jonathan Paddleford, Jr., 

Joseph Barney, John Smith 2d, 

Joseph Wilbore, Jonathan Barney, 

Ebenezer Dean, James Walker, 

Joseph Eddy, James Leonard 2d, 

Ezra Dean, Ephraim Dean, 

Ebenezer Cobb, Israel Tisdale. 

Capt. Joseph Tisdale on the rights of John Crossman, Benjamin Grossman, Samuel 
Darby, Joseph Jones, Jeremiah Wittnell, and Stephen Wilbore. 

Deacon Samuel Sumner on the rights of Benjamin Willis and Stephen Macomber. 
Thomas Clapp on the rights of Nicholas Stephens and Samuel Pratt. 
Lieut. Eliphalet Leonard on the rights of William Hodges 2d, Henry Hodges, 
Francis Liscomb, Stephen Wood, and William Hoskins. 

Jonathan Paddleford, Jr. on the rights of Thomas Lincoln 3d, and Samuel Wil- 
liams 2d. 

Joseph Tisdale, Jr. on the rights of John Tisdale, Robert Woodward, and Joseph 
Drake. 
Joseph Eddy on the rights of Nathaniel Caswell and William Leonard. 

Capt. James Leonard on the rights of David Cobb and Morgan Cobb. 

Benjamin Ruggles on the right of Henry Richmond. 

James Williams " " Abraham Tisdale. 

Seth Staples " " John Andrews. 

Ensign Seth Sumner " " Isaac Merrick. 

Lieut. John Harney " " Stephen Gar}'. 

Ebenezer Dean " " Joseph Richmond. 



APPENDIX D. 



739 



Ebenezer Smith on the right of Thomas Gilbert. 

James Walker, Jr. " " James "Walker. 

Lieut. Morgan Cobb 2d " " Simeon Cobb. 

William Ware " " WilUam Thayer. 

In addition to the allotments made to these grantees, two rights were set apart 
for the first and second settled ministers, and one right was assigned for school 
purposes. 



APPENDIX D. 



PROPELETORS OF WESTMINSTER. 



Referred to on p. 61. 

The names of the proprietors of Westminster, subsequent to the granting of the 
charter by Governor Benning Wentworth of New Hampshire, on the 9th of Novem- 
ber, 1752, are contained in the annexed list, taken from the "Records of West- 
minster," under the date of July 26th, 1753. 

" Proprietors. Josiah WiUard for and in behalf of 



Samuel Greely, 
James Hills, 
John Hunt, 
Benjamin Farwell, 
Robert Usher, 
Samuel Cummings, 
Josiah Brown, 
Peter Powers, 
John Chamberlain, 
Jonathan Cummings, 
John Usher, 
Robert Fletcher, 
Jonathan Cummings, Jur., 
Jonathan Willard, 
Prentice Willard, 
Solomon Willard, 
Ebenezer Pield, 



John Pierce, 
Nathaniel Mattoon, 
William Wilson, 
John Taylor, 
Jonathan Hubbard, 
Jeames Jewel, 
Joseph Ashley, 
Samuel Ashley, 
Josiah Willard, Jur., 
WiUiam WiUard, 
Billy Willard, 
Ephraim Dean, 
Wilder Willard, 
Jethro Wheeler, 
John AveriU, 
Michael Gilson." 



APPENDIX B. 

THE FIGHT AT JOHN KILBURN'S FORT. 

Referred to on p. 74, 



No one who loves to commemorate and record the deeds of his ancestors, can 
withhold his tribute of approbation from those who were instrumental in consecrat- 
ing a monument to the memory of their worthy progenitor. Col. Benjamin Bellows, 



740 HISTORY OF EASTERN VERMONT. 

at "Walpole, New Hampshire, on the 11th of October, 1854. Prom the valuable 
address made by the Rev. Henry W. Bellows, D.D., on this occasion, which has 
since been published with other information in a memorial monograph of 125 pages, 
the following minute account of the transactions referred to in the text is taken : — 

"Colonel Bellows's fort .... was situated a little north of his dweUing-houso 
(built in 1762 and still standing), just on the brow of the terrace overlooking hia 
magnificent meadows. It was shaped like an L, about a hundred feet long in the 
arms, and twenty feet broad, built of logs and earth, and surrounded by an outer 
palisade. Although a private garrisoned house, it was yet of such importance as to 
be named among the fortresses maintained at the public expense, at Fort Dummer, 
Westmoreland, and Charlestown, being No. 3 in this chain of defences. The royal 
government supplied each of these forts with a heavy iron gun, for the public pro- 
tection." 

Apprehensive of danger. Colonel Bellows and John Kilbum took every precaution 
which tlieir hmited resources could command, to insure the defence of their own 
and the neiglibouring settlements. The necessity of this course was soon after made 
fully apparent. 

" Two men, by name Daniel Twichel and John Flynt, in the summer of 1755 
(somewhere between the third Wednesday in March, 1755, when Daniel Twichel was 
appointed select-man, and the 17th of August, when the Kilbum fight took place, 
but probably in August), had gone back to the hiUs, about a mile and a half north- 
east, on what is now the Drewsville road, to procure some timber for oars. Hero 
they were shot by the Indians. One of them was scalped, the other cut open, his 
heart taken out and laid in pieces upon his breast. This was the first Cliristian blood 
spilt in Walpole. The bodies were buried on the spot, which is accurately pointed 
out at tliis day. This event made a solemn impression on the settlers. They 
imagined that Twichel's spirit continued to hover over them, warning them of the 
wiles of the savages, and crying for vengeance on them. A remarkable rock in 
Connecticut river, where he used to fish with unfailing success, was for a long time 
held in religious veneration ; anda nglers are still tempted to Twichel's Rock, as to a 
place where their luck is under the propitious influence of his memory. 

" Shortly before this, an Indian by the name of Philip had visited Kilburn's houso 
in a friendly way, pretending to be in want of provisions. He was supplied with 
flints, flour, etc., and dismissed. Soon after it was ascertained that this same Indian 
had visited all the settlements on the river, doubtless to procure information of the 
state of their defences. Governor Shirley about this time sent information to all the 
forts in this region, that five hundred Indians were collecting in Canada, whose aim 
was the butchery and extinction of the whole white population on the river. 
Greatly alarmed, the sparse population, unwilling to abandon their crops, had 
strengtliened their feeble garrisons, and bravely determined to stand by their rude 
but promising homes. 

" Col. Benjamin Bellows had at this time about thirty men at his fort, about half 
a mile south of Kilburn's house, but too distant from it to afford him any aid. About 
noon on the 17th of August, 1755, Kilbum and his son Jolm, in his eighteenth year, 
a man by the name of Peak and his son, were returning home to dinner from the 
field, when one of them discovered the red legs of the Indians among tlie alders, ' as 
thick as grasshoppers.' They instantly made for the house, fa,stened the door, and 
prepared for an obstinate defence. Kilburn's wife Ruth and his daugliter Hetty 
were already in the house. In about fifteen minutes, the savages were seen crawl- 
ing up tlie Ijank east of the house, and as they crossed a footpath, one by one, one 
hundred and ninety-seven were counted. About the same number, it afterwards 
proved, had remained in ambush, near the mouth of Cold river, but joined tiie 
attacking party soon. 



APPENDIX E. 741 

" The savages appeared to have learned that Colonel Bellows and his men were 
at work at his mill about a mile east (on what is called the Blanchard brook, near 
where it is crossed by the Drewsville road, it being built at that distance from the 
fort on account of the convenience of a waterfall), and they intended to waylay and 
murder them before attacking Kilburn's house. Colonel Bellows and his men were 
now returning home, each with a bag of meal on his back, when the dogs began to 
growl and betray the neighborhood of an enemy. The Colonel, knowing the lan- 
guage of the dogs and the wiles of the Indians, instantly adopted his policy. He 
directed his men, throwing oft' the meal, to crawl carefully to the rise of the land, 
and on reaching the top of the bank, to spring together to their feet, give one whoop, 
and instantly drop into the sweet fern. This manoeuvre had the desired effect to 
draw the Indians from their ambush. At the sound of the whoop, fancying them- 
selves discovered, the whole body of the savages arose from the bushes in a semi- 
circle round the path Colonel Bellows was to have followed. His men improved 
instantly the excellent opportunity for a shot offered by the enemy, who were so 
disconcerted, that without firing a gun, they darted into the bushes and disappeared. 
The Colonel, sensible of his unequal force, hurried his men off" by the shortest cut to 
the fort, and prepared for its defence. 

" The cowardly savages had, however, no intention of coming again into the range 
of his guns. They determined to take their vengeance out of a weaker party, and 
soon after appeared on the eminence east of Kilburn's house. Here the same 
treacherous Philip, wlio had visited him and partaken his hospitality so short a time 
before, came forward under shelter of a tree and summoned the little garrison to 
surrender. 'Old John, Young John,' was his cry, 'I know ye. Come out here- 
We give you good quarter.' ' Quarter ! ' vociferated old KUburn, in a voice of 
thunder. ' You black rascals, begone, or we'll quarter you.' It was a brave reply 
for four meu to make to four hundred ! Pliilip returned, and after a short consul- 
tation the war-whoop rang out, as if, to use the language of an ear-witness, ' all the 
devils in hell had been let loose.' Kilburn was lucky and prudent enough to get the 
first fire, before the smoke of the battle perplexed his aim, and was confident he saw 
Philip himself fall. The fire from the little garrison was returned by a shower of 
balls from the savages, who rushed forward to the attack. The roof was a perfect 
' riddle-sieve.' Some of the Indians fell at once to butchering the cattle, others to a 
wanton destruction of the grain, while the larger part kept up an incessant fire at 
the house. Meanwhile, Kilburn and his men — aye, and his women — were all busily 
at work. Their powder they poured into their hats for greater convenience ; the 
women loaded the guns, of which they had several spare ones — all of them being 
kept hot by incessant use. As their stock of lead grew short, they suspended 
blankets over their heads to catch the balls of the enemy, which penetrated one side 
of the roof, and fell short of the other. These were immediately run by these 
Spartan women into bullets, and before they had time to cool, were sent back to the 
enemy from whom they came. . . . Several attempts were made to force the door, but 
the unerring aim of the marksmen within sent such certain death to these assailants, 
that they soon desisted from their efforts. Most of the time the Indians kept behind 
logs and stumps, and avoided as they best could the fire of the little Gibraltar. The 
whole afternoon, even till sun-down, the battle continued, until, as the sun set, the 
savages, unable to conquer so small a fortress, discouraged and baffled, forsook the 
ground, and, as was supposed, returned to Canada, abandoning the expedition on 
wliich they had set out. It is not unreasonable to suppose that their fatal experience 
here, through the matchless defence of those "Walpole heroes and heroines, was 
instrumental in saving hundreds of the dwellers on the frontiers from the horrors of 
an Indian massacre. 

" Seldom did it fall to the lot of our forefathers to win a more brilL'ant crown than 



HISTORY OF EASTERN VERMONT. 

John Kilbum earned in this glorious exploit. Peak got the only wound of his party, 
receiving a ball in the hip, from exposure at a port-hole, which unhappily, for lack 
of surgical care, caused his death on the fifth day. The Indians never again appeared 
in Walpole, although the war did not terminate until eight years afterwards. John 
Kilbum hved to see his fourth generation on the stage, and enjoying the benefits of 
a high civilization on the spot he had rescued from the savages. He possessed an 
honest heart, lived uprightly, and died in peace. A plain stone in "Walpole burying 
ground thus commemorates his departure, and speaks his eulogy in a brief, expressive 
phrase: — 

IN MEMORY 
OF 

JOHN KILBURN 

Who departed this life for a better 

April 8, 1789, 

In the 85th year of his age. 

He was the first settler of this town in 
1749. 

"In 1814, his son, young John, last visited the scene of his youthful exploits 
He died among his chOdren, in Shrewsbury, "Vermont, in 1822. One of his sons 
died in this town only a year or two since. 

""What amount t)f destruction Kilbum made among the savages it was impossible 
to tell, as it is well known they carefully carry off and conceal their dead. It is 
said that Indian graves have been dug up at Cold river, and on the line of the rail- 
road in that neighborhood, and six graves were found on the site of the Island 
House at the Falls, in 1833, whicli may possibly have been those of victims in this 
fight." — Historical Sketch of Col. Benjamm Bellows, pp. 24-29. , 



APPENDIX F. 

PKOPRIETOES OF WESTMINSTEB. 

Referred to on p. 93. 

The names of the proprietors of the township of "Westminster on the 11th of June, 
1760, when the time for fulfilling the conditions of the charter was extended, 
were: 

John Hulburt, John Hunt, 

Josiah "Willard, John Taylor, 

"William Willard, John Peirce, 

Valentine Butler, Anthony Peirce, 

Joseph Alexander, Andrew Gardner, Jr., 

Nathan "Willard, James Jewel, 

Susannah Gilson, Manassah Divel, 

Oliver "Willard, Simon Hunt, 



APPENDED F. 



743 



John Arms, 
WUder "Willard, 
John Moor, 
John Moor, Jr., 
Daniel Whitmore, 
William Willard, Jr., 
Prentice Willard, 
Ephraim Dean, 
Elijah Cady, 
Asa Douglass, 
Samuel Ashley, 
John Alexander, 
Samuel Greely, 
Jethro Wheeler, 
Jonathan Thare, 
Joshua Wells, 
Submit Foster, 
Nathan Willard, Jr., 
Joseph Hubbard, 
Joseph Ashley, 
Nathaniel Mattoon, 



William Wilson, 
John Arms, Jur., 
Solomon Willard, 
Ebenezer Fields, 
Samuel Allen, 
Billey Willard, 
Caleb How, 
Jonathan Hubbard, 
James Hills, 
Josiah Willard, Jur., 
Benjamin Farwell, 
Samuel Cummings, 
Josiah Brown, 
Peter Powers, 
Robert Fletcher, Jr., 
Timothy Latherbee, 
Minister, 
Henry Sherbum, 
Samuel Smith, 
John Downing, 
Samson Sheaff, 



Jonathan Willard. 
Besides these fifty-nine shares, there Were also fourteen others located at the 
north end of the town, of which two were held by His Excellency Benning Went- 
worth, and one each by John Wentworth, Robert Usher, John Chamberlain, Jona- 
than Cummings, John Usher, Jonathan Cummings, Jr., David Stearns, Byfield 
Lloyd, Richard Wibird, and Theodore Atkinson. One share was appropriated for 
a Glebe for the Church of England, as by law established, and another for the bene- 
fit of the Incorporated Society for the Propagation of the Gospel in Foreign Parts. 



APPENDIX G. 



DIVISION OF CUMBERL.4.ND COUNTY INTO DISTRICTS. 



Referred to on p. 184. 

" Cumberland County, 6th May, 1772. 
"Public Notice is hereby given, that the third Tuesday in May Instant is 
appointed by Law for the Freeholders and Inhabitants of each respective Township 
in the said County, and of each respective District (an abstract whereof is hereunto 
subjoined) to Elect and Choose from among the Freeholders and Inhabitants of the 
same respectively, one Supervisor, two Assessors, two Collectors, two Overseers of 
the Poor, three Commissioners for laying out the Highways, and also so many 
Persons to be Surveyors and Overseers of the Highways, as the Major part of the 
Freeholders and Inhabitants of each Town and District shall judge necessary, two 
Fence viewers and four Constables. And that the last Tuesday in May Instant is 
likewise appointed the Day for the Supervisors so Elected for each Townsb.ip and 
District, to Assemble and meet together at the Court House, in the Township of 
Chester in the said County, then and there by Plurality of voices to agree upon. 



744 HISTORY OF EASTERN VERMONT. 

determine, and Ascertain the Township or place within the said County, where a 
Court House and Gaol shall be Erected and Built. 

" An abstract of such parts of the County of Cumberland as are formed into 
Districts. 
"The 1st District comprehends Hartford, and extends North to the County line. 

" 2d District comprehends Pomfret and Bernard, and extends North and "West 
to the North and "West lines of the County. 

" 3d District comprehends such parts of "Woodstock and Bridge water as lye in 
the County, and extends "West to the County line. 

" 4th District comprehends Reading and Saltash, and extends "West to the "West 
bounds of the County. 

" 5th District comprehends "Wethersfield. 

" 6th District comprehends Cavendish and Ludlow, and the Lands to the "West 
thereof not erected into Townships, until it extends to the "West 
line of the County. 

" 1th District comprehends Andover, and the lands to the "West bounds of the 
Count}''. 

" 8th District comprehends Springfield. 

" 9th District comprehends Rockingham. 

" 10th District comprehends Tomlinson, and the Lands to the Southward not 
erected into a Township, as far South as Townsend Une, and to the 
Northward of an East and West line from thence, to the "West 
bounds of Westminster, and the Lands not Erected into Townships 
to the Westward, as far as the "West bounds of the County. 

" 11th District comprehends Townsend and the Lands partly to the Eastward 
thereof not erected into a Township, and the Lands to the "West- 
ward thereof not erected into Townships to the "West bounds of the 
County. 

" 12th District comprehends New Fane, and the Lands not erected into a Town- 
ship to the "West thereof, so far as the "West bounds of the 
County. 

" 13th District comprehends Fulham. 

" 14th District comprehends Marlborough. 

" 15th District comprehends so much of Wilmington or Draper as lieth within 
the County, and extends "West to the County line. 

" 16th District comprehends Halifox. 

" 17th District comprehends Guilford. 

" 18th District comprehends Hinsdale. 

" A full description of the above Districts is lodged with the 
Subscriber, to which Recourse may be had if necessary. 

" Crean Brush, CI." 



APPENDIX H. 



745 



APPENDIX H. 

CENSUS OF JANUARY 16TH, 1171. 

Referred to on p. 188. 



CUMBERLAND COUNTY. 



Towns. 






js a 


Is 




1 


.2 

a 
1 


•3 
1 


S 


Andover 

Bromley 


4 

103 

38 

3 

54 

124 

100 

46 

48 

28 

6 

12 

63 

13 

94 

48 

17 

43 

33 

2 

136 

16 

50 

9 


9 
102 
35 
4 
54 
92 
83 
48 
31 
28 
24 
14 
66 
14 
74 
62 
19 
30 
40 
8 
107 
19 
57 
13 


1 
8 
4 

3 
5 
4 

1 
5 

1 
1 

4 
4 
1 

1 
1 

8 
5 
3 


8 

110 

45 

3 

37 

116 

74 

56 

35 

16 

6 

14 

39 

4 

60 

52 

14 

36 

35 

6 

110 

17 

46 

10 


6 

79 
30 

4 
40 
94 
68 
40 
28 
30 
12 
11 
48 

6 
69 
57 
17 
31 
26 

4 

117 

14 

46 

10 


1 
3 

1 

. 1 
1 


1 

2 
1 

1 
1 

1 
1 


28 
403 
152 

14 
189 
436 
329 
190 
144 
107 

50 

52 
206 

39 
301 
225 

68 
141 
136 

20 
478 

71 
203 

42 


5 

75 
30 

4 
44 
75 
55 
13 
25 
19 
22 

8 
40 

6 
51 
50 
12 
27 
25 

4 
77 
14 
35 
10 


Kent 


Brattleborough 

Chester 


Cumberland 

Fulliam 


Guilford 


Halifax 


Hartford 


Hertford 


Hinsdale 

Marlborough .... 

Newfane 

Norwich 


Ponifret 


Putney 


Rockingham 

Sharon 


Springfield 

Townshend 

Weathersfield .... 

Westminster 

Wilmington 

Windsor 


Woodstock 

Total 


1080 


1033 


60 


949 


887 


7 


8 


4024 


744 



GLOUCESTER COUNTY. 







o 


















"5^ 
St 


C3 3 




1- 




"3 
1^ 


"3 

a 


1 






1 = 


S-3 

<n a 


» 


.^1 




5 


1 


H 




Total 


178 


185 


8 


193 


151 


6 


1 


722 





Williams's Hist. Vt., IL 478. Doc. Hist. N. Y., iv. 1034. Brattleborough 

Semi- Weekly Eagle, Thursday Evening, May 2d, 1850, vol. iii. No. 76. 



f 46 HISTOKY OF EASTERN VEEMONT. 

APPENDIX I. 
THE "WESTMINSTER MASSACRE." 

Referred to on p. 241. 

The more accessible sources from which the account of the " "Westminster Mas- 
sacre" has been drawn, are named in the annexed list. 

March 21st, 1775. MS. Council Mmutes m office Sec. State N. T., 1765-1783, xxvi. 
425, 426. Doc. Hist. N. Y., iv. 903, 904. 
" 22d, 1775. Depositions of Oliver Church and Joseph Hancock, in Doc. Hist. 
N. Y., iv. 904-910. Brattleborough (Vt.) Semi- Weekly Eagle, 
Thursday Evening, September 20th, 1849, vol. iii., No. 13. 
" 23d, 1775. "A relation of the proceedings of the people of the County of 
Cumberland and Province of New York," by Reuben Jones, in 
Slade's Vt. State Papers, 55-59. American Archives, Fourth 
Series, 1775, vol. ii., cols. 218-222. Journals of the General 
Assembly of the Province of New York. 
" 28th, 1775. Deposition of John Griffin, in Doc. Hist. N. Y., iv. 910-914. 
Brattleborough (Vt.) Semi-Weekly Eagle, Monday Evening, Sep- 
tember, 17th, 1849, vol. iii., No. 12. 
" 30th, 1775. Journals of the General Assemblj^ of the Province of New York. 
American Archives, Fourth Series, 1775, vol. i., cols. 1321-1324. 
April 3d, 1775. See authorities cited under March 30th, 1775. 

" 5th, 1775. Dispatches of Lieutenant Governor Colden to Lord Dartmouth, in 
MSS. London Documents in office Sec. State N. Y., xlv. Doc. 
Hist. N. Y., iv. 914-916. 
May 5th, 1775. MSS. Council Minutes in office Sea State N. Y., 1765-1783. xxvi. 
435. Doc. Hist. N. Y., iv. 917, 918. Brattleborough (Vt.) Semi- Weekly 
Eagle, Monday Evening, September 24th, 1849. vol. iii., No. 14. 
The " State of the Facts" made by the judges of the court, and epitomized on p. 
223, is in these words: — 

"New York County of Cumberland court of common Pleas, And court of General 
Sessions of the Peace holden at the court House in Westminster this Fourteenth Day 
of March A. D. 1775. Whereas a very melancholly and unhappy affair Happened 
at this Place in the evening of yesterday The thirteenth Instant and Whereas it 
may be that the Same may Be represented very Different From what The same really 
was We his majesty's Judges and Justices of the said Courts being chiefly there 
Present have Thought it our Duty tlius to relate a true state of the Facts Exactly as 
they happened. 

" Many threats having for several Terms past been Thrown out by evil minded 
persons that they would With Violence break up and Destroy the courts of our 
Sovereign Lord the king in this county and threats of A more Daring and absolute 
nature than formerly having been thrown out by certain Evil Minded persons Against 
the setting of this present Court the Sheriff tho't it Essentially necessary to raise a 
Posse For the Courts Protection and having Raised about sixty Men armed some 
With Guns and some with staves he arrived At there head before tlie Court House 
about five o'clock In the afternoon of yesterday When to the Gr^at Surprise of the 
said Sheriff and Posse they found the court house Taken into Possession and the 
several Doors thereof Guarded By a large number of Rioters (supposed to be about 
au Hundred uj the whole) armed With clubs and some Few fire arms. The Sheriff 



APPENDIX I. 74t 

then endeavored to Go in at the Door of the court-house, but was prevented hj 
Threats And menaces ; whereupon he read the King's Proclamation, with a very 
loud voice commanding In his Majesty's name all persons unlawfully assembled 
Immediately to Depart, and thereupon Demanded Entrance again But was again 
refused and Prevented by tlireats and menaces as Before. The Sheriff then told the 
Rioters that he would Leave them a short time to consider of their behaviour And 
to Disperse, and if they would not afterwards allow Him Entrance into the said court- 
house That he would Absolutely Enter it by force. But the Rioters made scoff at 
this Measure replying the hardest must fend off. The Rioters a little time after- 
wards wanted to choose committees to Parley but was answered that they could not 
Parley to consider whether the King's Court Should proceed or not. Judge Chan- 
dler informed them that if they had any real grievances to complain of if tliey would 
Present a Petition to the court when sitting it should be heard the Sheriff then gave 
the Posse Liberty To refresh themselves and about two Houers afterward He 
Brought the said Posse Before the courthouse again and then again Demanded 
Entrance in his majesty's Name but was again refused in Kite manner as Before. 
Whereupon he told them that he would Absolutely enter it Either Quietly or by 
force and commanded the Posse to follow close to him which they Accordingly Did 
and getting near The Door he was struck several Blows with clubs, which he had 
the Goodness in General to fend off so far at least as not to Receive Any very Great 
Damage but several of their clubs striking Him as he was goeing up the steps, and 
The Rioters Persisting in maintaining Their Ground, he ordered some of the Posse 
to fire, which they accordingly did. The Rioters then fought Violently with their 
clubs and fired some few fire arms at the Posse by which Mr. Justice Butterfield 
received a slight shot in the arm and another of the Posse received a slight shot in 
the head with Pistol Bullets : but happUy none of the Posse were mortally wounded. 
Two persons of the Rioters were Dangerously wounded (one of whom is since dead) 
and several others of the Rioters were also wounded but not Dangerously so. Eight 
of the Rioters were taken prisoners (including The one which is since Dead) & the 
wounded were taken care of by Doct. Day, Doct. Hill and Doct. Chase. The latter of 
which was immediately sent for on Purpose. The rest of the Rioters Dispersed 
giving out Tlireats that they would collect all the force Possible and would return 
as on this Day to revenge themselves on the Sheriff and on several others of the 
Posse. 

" This Being a true state of the facts without the least Exaggeration on the one 
side or Diminution on the other We humbly submit to Every Reasonable Inhabit- 
ant whether his majesty's courts of Justice the Grand and only security For the 
life liberty and property of the publick should Be trampled on and Destroyed 
whereby said persons and properties of individuals must at all times be exposed to 
the Rage of a Riotous and Tumultuous assembly or whether it Does not Behove 
Every of his Majesty's Liege subjects In the said county to assemble themselves forth- 
with for the Protection of the Laws and maintenance of Justice. 

" Dated in open Court the Day and Year Aforesaid. 

" Thomas Chandler, 

Noah Sabin, 

Step'h Greenleaf, 

Benj'a Butterfield, 

Bildad Andross, 

S. Gale, Clk." 

The following account of the affray was pubhshed at Salem, Massachusetts, in the 
Essex Gazette, under the date of March 14th-21st, 1775: — 

" We hear a body of people armed with clubs and some few fire arms, to the number 



T48 HISTORY OF EASTERN VERMONT. 

of about one hundred, assembled at "Westminster in the County of Cumberland in 
the province of New York, on the evening of the 13th day of this instant, being the 
evening before the day of the sitting of the Court of Common Pleas for said County, 
for the purpose of preventing the Courts sitting there, and took possession of the 
Court House. The Sheriff of the County being previously advertised of their design, 
raised the Posse Comitatus to oppose them, and came up to the Court House a short 
time after the rioters had seized it and attempted to enter the same, but was opposed 
by them. He informed the rioters that the Court House was the property of his 
Majesty, and that he was the keeper of it, and demanded entrance into it, and ordered 
them to disperse, which they peremptorily refused to do. Several attempts were made 
by the Sheriff and the Posse to enter the house without force, which were resisted 
by the mob. The Sheriff then informed the rioters that he was determined at all 
events, to have possession of the house ; if he could not get it without, he would get 
it by force. He then read the riot act to them, and ordered them to disperse within 
one hour, and told them, that if they did not disperse within that time, and cease 
their opposition to liis entrance into the Court House, he would most certainly order 
the Posse to fire on them ; to which they replied, ' Fire and be damned 1 If you do, 
the hardest fend off.' The Sheriff told the rioters he would not have them flatter 
themselves that he would not fire on them, for he was absolutely determined to do it 
if they continued obstinate. He then with his Posse, left the house for the space of 
about three hours, during which time all possible arguments were used to dissuade 
the rioters from their purpose, which they treated with neglect. They then sent to 
those of the Judges of the Court then in the town, to know if they would treat with 
a committee from theu- body, whether the Court should do business. The Judges 
returned this answer : That they could not treat with them whether his Majesty's 
business should be done or not, but that if they thought themselves aggrieved and 
would apply to them in a proper way, they would give them redress if it was iu 
their power. But this was by no means satisfactory to them. At the expiration 
of the three hours, the Sheriff and Posse returned to the Court House and again 
attempted to enter it, but were beat back by the rioters with theu- clubs. He told 
them he would most certainly fire on them, if they did not desist. They answered, 
' Fire and be damned I Fire and be damned 1' The Sheriff then ordered his men to 
fire upon them, which they did and wounded one mortally (who is since dead) and 
several others very badly, one of whom is thought to be dangerous. The Sheriff, 
after a few shots, ordered the fire to cease, and his men to enter the house with 
clubs, which they did, when a stout resistance was made by the rioters for some 
time ; but they were finally dispossessed and nine or ten of them taken prisoners. 
The rioters fired once or tvdce on the Sherifl''s party, but did no damage. The next 
day the rioters were reinforced by a large number, armed with muskets, and being 
much superior to the Sheriff's party, took him and about twelve others and confined 
them in close gaol." 

Another newspaper account was given by John Holt, in his New York Journal or 
General Advertiser, under date of Thursday, March 23d, 1775. It may be found in 
the American Arcliives, Fourth Series, 1775, vol. ii. cols. 214, 215. The following 
is a copy : 

" On Monday afternoon, expresses arrived in Town from the County of Cumber- 
land, in this provmce, who bring accounts from thence of a very extraordinary and 
alarming nature. On the Monday afternoon preceding, March 13tli, the day for hold- 
ing the Inferiour Courts, several rioters and disorderly persons, to the number of 
between 80 and 90, assembled at the Court House, of which they took possession, 
with an avowed intent of preventing the Court from being held the next day ; many 
of them had arms, and those who were unprovided for, were collecting botli arms 
and ammunition with all possible dispatch. Many of the Magistrates having come 



APPENDIX I. Y49 

to Town, it was thought advisable that the Sheriff should make the usual proclama- 
tion against riotous assemblies, and demand possession of the Court House and Jail ; 
which being refused several times, about 9 o'clock at night a party assembled in 
order to disperse the rioters. These proceeded with the Sheriff and some magistrates 
to the Court House where proclamation was again made by the Sheriff for the rioters 
to disperse, and sundry attempts were made to get in, without using fire arms, but 
this proving ineffectual, three guns were fired over the door in hopes the rioters 
would be intimidated and retire ; but so determined were they in their undertaking, 
that the fire was immediately returned from the Court House, by which one of the 
Magistrates was slightly wounded, and another person shot through his clothes. 
The Magistrates seeing the imminent danger they were in, so well exerted them- 
selves that they forced the front door, and after a very smart engagement, wherein 
one of the rioters was killed, and many persons on both sides wounded, the Court 
House was cleared, and proper measures taken to preserve the peace for that night. 
The next morning all was tumult and disorder. The Judges, however, opened the 
Court at the usual hour, and adjourned till 3 o'clock in the afternoon ; but by this 
time, the body of rioters beginning to assemble in large parties from New Hampshire, 
and places adjacent, and particularly from Bennington, in the neighboring County of 
Albany, with a hostile appearance, and the Court foreseeing no probability of being 
able to proceed to business, adjourned till next June term. The body of rioters, 
which soon amounted to upwards of 500, surrounded the Court House, took the 
Judges, the Justices, the Sheriff, the Clerk, and as many more of their friends as they 
could find, into close custody, and sent parties out, who were daily returning with 
more prisoners. The roads and passages were guarded with armed men, who indis- 
criminately laid hold of all passengers against whom any of the party intimated the 
least suspicion ; and the mob, stimulated by their leaders to the utmost fury and 
revenge, breathed nothing but blood and slaughter against the unfortunate persons 
in their power. The only thing which suspended their fate was a difference of 
opinion as to the manner of destroying them. And from the violence and inhumanity 
of the disposition apparent in the rioters, it is greatly to be feared that some of the 
worthy men in confinement will fall a sacrifice to the brutal fury of a band of ruf- 
fians, before timely aid can be brought to their assistance." 

The annexed extracts from the Journal of the New York Provincial Congress 
show that strenuous measures would have been adopted by the British, to quell the 
insurrectionary spirit in Cumberland county, evinced by the events of the 13th of 
March, had not more important scenes demanded the attention of the Crown. 

"Tuesday, 9 o'clock, a.m. 

"September 12th, 1775. 

"Ordered, That Samuel "Wells, Esq., of Cumberland county, be requested to 
attend before this Committee of Safety* at five o'clock this afternoon. 

"Tuesday, 4 ho. p. M. Sept. 12th, 1775. 

" Samuel "Wells, Esq., according to order, attending at the door was called and 
examined. Says, ' That no arms were sent to Cumberland county by government — 
did hear that Gov. Colden applied to Gen. Gage for arms, and heard the arms came — 
but the affair at Lexington put an end to it — of the £1,000 granted for Cumberland 
county, £200 of the money has been received — it was employed to reimburse the 
sheriff and Mr. Gale, the expense of themselves and the other prisoners and 
expresses — heard the arms were put on board the King's Fisher — has forgot how he 
heard it, and does not know how they were disposed of " — i. 144, 145. See also, 
American Archives, Fourth Series, 1775, vol. iii. col. 890. 

* A Committee of Safety usually sat during the recess of the Provincial Congress, with tempo- 
rary powers equal to those of the latter body. 



750 HISTOKY OF EASTERN VERMONT. 

In the " Records of Dummereton," reference is frequently made to the affray. The 
feelings to which it gave birth may be judged of by the language employed in these 
records. In one instance the Court-house is styled, "that blood Stained Star- 
chamber in Westminster." In an account of a meeting of the inhabitants of that 
town, held on the 22d of August, 1775, occurs an entry which shows that the people 
of the county were engaged in preparing an elaborate account of the disturbances 
which had happened in the month of March previous. The entry is in these words : — 
" Votid that it tis the SenCe of this toun that the Letters that are in the hand of 
D'' Soloman Har-vy are Not any EvidanCe in the Case which the Commite is Colect- 
ting for the Evidance whiCh tha are to ColeCt is the Bad ConduCt of the Cort from 
its fust Setting up the Cort Doun to the fust of MarCh Last and that those Letters 
only Shue that the Peple ware Displeaised at the Earbitary ConduCt of oflfiseirs of 
the Cort and ware Raday to Rise and Stop the Cort be fore that time : and those 
Letters Show Like wise the unity of the People and purfix the time : and we think 
it Best not to have those Letors goe to Westminister." On the 12th of March, 1776, 
a meeting was held at Brattleborough for the purpose of securing the punishment of 
those of the Court party and Sheriffs posse, who had been engaged in the " West- 
minster Massacre." This appears by the following passage from the old records 
before mentioned. At a town meeting held on the 26th of February, 1776, " Votid 
to Send a man to Jine the County Comitte on the twelfth of marCh at the hows of Mr. 
John Sergants at Brattleborough at Nine of the o Clock in the fore Noon to Draw 
up a Remonstrance to Send to the Contanalshall Congras at Phile Dalpha Consarning 
those that perpatratid the Blody Massecree on the thurteeinth of march Last." 

In a pamphlet written by Ira Allen, entitled, "Miscellaneous Remarks on the 
Proceedings of the State of New York against the State of Vermont, &c.," and 
published in the year 1777, the author referring to the colonial government of New 
York, observes : — " In open violation to the laws of the crown, the legislative and 
executive powers, assumed to themselves authority to hold courts : their conduct 
was so notorious that it was the cause of that odious and never to be forgotten 
massacre at the Court House in said Cumlierland County, on the evening of the thir- 
teenth of March 1775, in which several persons were actually murdered. 1 horrid 
scene ! " 

Another pamphlet, entitled, "Vermont's Appeal to the Candid and Impartial 
World," the production of Stephen Row Bradley of Westminster, which was 
published early in the year 1780, contains an allusion to the events under considera- 
tion, in these words : — " But above all, have they [the people of Vermont] suffered, 
from the cruelty of Great Britain and her emissaries. — For the truth of these things 
we can appeal to many undeniable facts. So late as March, 1775, previous to the 
battle of Lexington, the judges of New York, were led in fetters of iron, within the 
gates of their own city, for shedding innocent blood at Westminster, in murderously 
attempting to enforce the laws of that province upon the people of Vermont." 

Six years after the affray, on the election of certain men to civil offices in Wind- 
ham county, who previous to the Revolution had been obnoxious to the mass of the 
people, some of the inhabitants of Rockingham requested the Governor and Council 
of the state to keep back their commissions, inasmuch as they were " known Ene- 
mies to this and the United States." In proof of this charge they declared that these 
men had been " active and accessory to the shedding the first Blood that was shed 
in America to support Brittanic Government, at the Horrid and Never to be forGot 
Massacre Committed at Westminster Cortt House on the Night of the 13th of March, 
1775. horred Cean [scene]." 

In the year 1781, Vermont increased her territory, by admitting within her juris- 
dictional limits thirty-five towns which had seceded from the government of New 
Hampshu-e. This movement aroused the apprehensions of the people of the latter 



APPENDIX I. 751 

state, and strenuous attempts -were made to recover the seceding towns. Among 
the memorials prepared by the citizens of New Hampsliire on this subject, was one, 
entitled, " An address to the people of New Hampshire, and of the other United 
States." In this paper the events connected with the "Westminster Massacre" were 
referred to as follows : — 

" The Inhabitants of a certain Tract of Land west of Connecticut River, commonly 
known by the name of the New Hampshire Grants, being by the order of the King 
of Britain in Council, annexed to the Province of New York, and put under that 
government, did so continue, not without some uneasiness, chiefly hi the Western 
part of sd Territory, until the March 1775, preceding the ever memorable commence- 
ment of Hostilities between us and Britain at Lexington ; where some Persons dis- 
aflected to the New York Government, attempting to break up the court at West- 
mmster, one of their number being slain and another mortally wounded by the 
Sheriff and his Posse, in his endeavors to Suppress the insurgents, that unhappy 
event so occasioned the addition of Spirit and numbers to the opposers of that 
Government as enabled them to effect their design. The People concerned in that 
transaction, Supposed themselves to be engaged in the Common cause of the Colonies, 
and generally expected the Court party to be opposed to the same, and as many of 
them afterwards either from principle or by reason of what they esteemed persecu- 
tion, proved to be Tories, this served to give a more plausible colouring to the truth 
of the above supposition. In addition to the Name of Tories which the generality 
of the Court supporters had obtained, the Title of Yorkers was joined, and to serve 
a turn were made synonymous. The other part of the People under the direction 
of some warm Leaders always inimical to New York, taking advantage of the times 
when this and York state who each had claims of Jurisdiction over them, were busily 
engaged against the common Enemy, did erect themselves into an Independent State 
by the name of Vermont. The Yorkers were pretty generaOy deniers of the pre- 
tended authority of said Vermont State and acted as they were able under the 
Government of New York. 

" The principal and most zealous promoters of this Union [the union of the New 
Hampshire towns with Vermont], are the Yorkers on the other side, with the Tories 
on this side of the river, together with many of those who formerly persecuted the 
former mentioned persons as Murderers and enemies to their Country. Men put and 
now lying under bonds, others subjected to imprisonment and confinement with their 
judges and witnesses against them, are now preferred to the first offices of Govern- 
ment. The former not retracting or professing a change of Sentiments as to the 
justice of our common cause, but rather avowing their opinion to be right that our 
cause is not good, and consider in the conduct of people towards them in their 
present preferment as a compensation for their former ill treatment for acting the 
part of honest men in refusing to follow the multitude in what they thought and still 
think not right. 

" On the other side of the River the authority departing from their Constitution 
(not the first time) to the infrmgement of the Freedom of Election did in print nomi- 
nate to the choice of the Counties for civil officers, if not Military also, men by them 
before esteemed (being Yorkers) enemies to their Country, nay Murderers for being 
concerned in the Westminster affray." 

In his " Descriptive Sketch " of Vermont, published in 1797, Dr. John Andrew 
Graham has, with his usual inaccuracy and superficiahiess, recounted the events of 
the affray in these words : — 

"Westminster is a dehghtful place, and contains several superb houses. Here 
were formerly held the Courts of Judicature, under the State of New York, but the 
settlers, in March, 1775, were so higlily exasperated at the oppressive conduct and 
insolence of the Governor of that State, and his junto of land-jobbers, that they 



752 HISTORY OF EASTERN VERMONT. 

assembled in arms, stopped the Court from sitting, drove them from their territory, 
and would never after suflfer the Government of New York to have the slightest 
jurisdiction over them." — p. 107. 

Ira Allen, in a pretentious volume, entitled, " The Natural and Political History 
of the State of Vermont," &c., pubhshed in 1798, has disposed of the "Westminster 
Massacre " in a summary manner. 

"In March, 1775, an attempt was made to hold a court of justice at "Westminster, 
in the county of Cumberland, which was prevented by the people, wlio had early 
taken possession of the Court-house, and the Judges were refused entrance at the 
usual hour when the Courts were opened ; therefore they and the ofiBcers of the 
Court retired, until about eleven o'clock at night, when they returned, and were 
again refused admittance ; whereupon they fired into the house, and killed one man 
and wounded several. This inflamed the minds of the people to a high degree, who 
next day flocked from every part of the county ; a coroner's inquest sat on the body, 
and brought in a verdict that the man was wilfully murdered by the Court party 
.some of whom they seized, and sent to Northampton gaol in Massachusetts, but who, 
were released on application to the Chirf Justice of New York." — pp. 55, 56. 

The epitome of the transactions connected with the 13th of March, 1775, as given 
by tlie Rev. Hosea Beckley, in a little work called, " The History of Vermont," 
resembles the citations from Graham and Allen. Of the person who was killed on 
this occasion, Mr. Beckley observes : — " His name was William French, of Brattle- 
borough; where and in Dummerston branches of his family have since resided in 
respectable standing; and from which several enterprising individuals have gone 
forth into the Union ; and one, a missionary under the American Board, to Asia." — 
pp. 70, 99. 

In an anonymous ballad published in the year 1779, the original of which is now in 
the possession of Frank Moore, Esq., the genial editor of the " Songs and Ballads of 
the American Revolution," reference is made to the death of William French. The 
stanza in which the allusion occurs and the note of illustration accompanying it, are 
in these words : — 

"But Vengeance let us 'Wreak, my Boys, 
For Matron, Maid, and Spinster : 
Whose joys are fled, whose Homes are sad. 
For the Youth* of Red Westminster." 

Although the courts in Cumberland county were badly managed in many instan- 
ces, previous to the time when they were stopped, yet the administration of justice 
in this portion of the proyince of New York was not wholly neglected by tlie pro- 
vincial judges. There is still extant an affidavit of Richard Morris, clerk of the 
court of Oyer and Terminer an"d General Gaol Delivery in the province of New 
York, dated the 26th of August, 1774, in which that gentleman testified before 
Lieut.-Gov. Cadwallader Colden, that the Hon. Robert R. Livingston, one of the 
judges of the Supreme Court of judicature for the province of New York, attended 
the session of the court of Oyer and Terminer and General Gaol DeUvery, held at 
Westminster in July, 1774. 

In the east parish of Westminster, " the Liberty men " were few and far between. 
In the west parish, the majority of the inhabitants were "pure Whigs." The men 
who served under Capt. Azariah Wright on the 13th of March, were mostly from 
the latter parish. Captain Wright's company was organized between the years 1768 
and 1770. It is not known whence he obtained his captaincy, but it is evident that 

♦ "A young man who was killed by the Tories, near the Great Falls of the river Connecticut, 
in the spring of the year 1775." 



APPENDIX I. Y53 

his force at the time of the outbreak, was of the people and supported the people's 
cause. For several years he had been accustomed to call his company together for 
drill, at his own house, and if the policy of the "Whigs had not interdicted the use of 
fire arms, his men would have evinced theu- skill as marksmen in such a manner as 
would have caused no discredit to then- leader. As far as can now be ascertained, 
the organization of the company was as foUows : — Captain, Azariah Wright ; Lieu- 
tenant, Jabez Perry; First Sergeant, Simeon Burke- Second Sergeant, Jesse 
Burke. 

PKTVATES. 

Jacob Albee, Francis Holden, 

John Albee, John Holt, 

Lemuel Ames, Ichabod Ide, 

Asa Averill, Israel Ide, 

John Averill, Joseph Ide, 

Thomas Averill, Robert MUler, 

Jabez Bates, John Petty, 

Silas Burke, Atwater Phippen, ^ 

Atherton Chaflfee, Joseph Phippen. 

Andrew Crook, Samuel Phippen, 

Robert Crook, Robert Rand, 

WUliam Crook, James Richardson, 

David Daley, Nathaniel Robertson, 

Jonathan FuUer, Reuben Robertson, 

Seth Goold, Edmund Shipman, 

"Wilham Goold, Jehiel Webb, 
John Wells. 

The ofBcers of the Rockingham company were, as far as rememberedf Captain, 
Stephen Sargeant ; Lieutenant, Philip Safford ; Surgeon, Reuben Jones. Nothing 
is known of the organization of the companies from Guilford or Walpole. It had 
long been the custom of Judge Thomas Chandler, to procure commissions of one 
kind and another from New York, and bestow them on such as he favored. In this 
way several military ofiBcers had been appointed in different parts of the county. 
Those persons in Westminster who had obtained the titles which they bore in this 
manner, were Major John Norton, Captain Benjamin Burt, Lieutenant Medad 
Wright, and Ensign WiUiam WUlard, but it is beHeved that no company was ever 
organized under these ofiicers. 

The manner in which the Court party treated the " rioters " on the night of the 
affray, was to the former an especial topic of congratulation among themselves. One 
of them, William Willard, a justice of the peace, even while a prisoner in the Court- 
house, " made a brag that he struck French " and knocked him down. After his 
enlargement, he went to New Tork, and on his return, appeared in a new suit of 
clothes, which, it was said, had been given him by the Lieutenant Governor, in 
acknowledgment of his valiant conduct. He died at Brattleborough. In his last 
days he was insane, and his final sickness, being hemorrhagic in its character, was 
regarded by the old people as a judgment upon him from God, for the part he had 
taken in shedding the blood of French. 

A door of the old Court-house, which was perforated by a bullet on the memor- 
able night of the rencontre, was for many years preserved by a citizen of Westminster 
and did him good service as a door in his own dweUing. 

Concerning Dr. Reuben Jones who acted so prominent a part among the Whigs, 

""^ 48 



754 HISTOET OF EASTERN VERMONT. 

but little is known. That he was a man of intelligence, is proved by his " Relation 
of the proceedings of the people of the County of Cumberland, and Province of New 
Tork," which has been already referred to. At the meeting held at Westminster on 
the 11th of April, 1775, for the purpose of devising means to resist the progress of 
oppression, Dr. Jones served as clerk. On account of his facOity in composition and 
his general accuracy, he was often chosen to similar positions on more important 
occasions. He was the delegate from Rockingham in the convention held at Dorset 
on the 25th of September, 1776, and represented the former to\vn in the General 
Assembly of Vermont during the sessions of 1778, 1779, and 1780. He then 
removed to Chester, and in 1781 was the representative from that town in the Gene- 
ral Assembly. Like many of the early settlers of Vermont, he became involved in 
debt. Having been seized in New Hampshire, at the instance of an inhabitant of 
that state, he was confined in the jaQ of Cheshire county, during a part of the sum- 
mer of 1785. On the 16th of August, in that year, he effected his escape from pri- 
son. On the 2 2d, a warrant was issued by Simeon Olcott, a justice of the peace for 
Cheshire county, directing his arrest if found within the bailiwick of the sheriff of 
that county. To evade the officers of the law. Dr. Jones repaired to Vermont. 
Simon Stevens, a justice of the peace for "Windsor county, issued an order for his 
arrest on the 27tli, and on the 29th the unfortunate physician was taken at Chester 
by John Griswold of Springfield. But even now his friends did not desert him. 
As Griswold was taking him off, John Caryl and Amos Fisher, citizens of Ches- 
ter, made an attack upon the officer, and deUvered Dr. Jones from his hands. At 
the session of the Supreme court held at Windsor, "on the second Tuesday, next 
following the fourth Tuesday of August," 1785, the grand jurors found a true bill 
against the Doctor and his two friends for resisting an officer, but the result of the 
trial which followed does not appear. 

It may not be generally known that an attempt has already been made, by many 
of the most distinguished and patriotic citizens of Vermont, to obtain from the Legisla- 
ture of that state an appropriation for the purpose of erecting a monument to the 
memory of William French. At the session in 1852, the following petition was 
read in the house : — 

•' To the General Assembly of the State of Vermont : 

" The undersigned citizens of this State, beUeving that it is not only a duty, but 
inseparable from the love of country and the support of free institutions, to cherish 
the memory of those who, on momentous occasions, have offered up their lives for the 
public good, beg leave to call the attention of the Legislature to the perishing state 
of the memorial erected at Westminster, in 1775, over the body of WilUam French, 
the proto- martyr of Vermont independence, if not that of America, We think that 
there is a turning point in every revolution, giving it a fixed and decisive character, 
namelj', the first resistance unto blood ; and it is almost needless to say with what 
spirit and patriotism this was done by the young man just mentioned, or what an 
immense impulse was given by his devoted sacrifice to the followers of Chittenden, 
Allen, and Warner, resulting at last in the freedom and mdependence of the State of 
Vermont. The monument of orumbling slate, with its rude but emphatic inscription, 
erected by what we may now call tlie pious hands of the men of those days, is now 
fast perishing away, and, unless some steps are taken to save it, will soon wholly 
disappear. Feeling that this ought not to be, and that the duty of preventing it will 
be performed in a more honorable and imposing manner, and be much more indicative 
of the spirit of our whole people, if done by the State, we ventvu-e to pray that such 
means may be taken by the Legislature as are most meet and proper for that purpose." 

To this petition were appended the names of Charles K. Williams, William C. 



APPENDIX J. 755 

Bradley, Carlos Coolidge, Daniel Kellogg, Jacob Collamer, Charles EL Field, and fifty- 
seven other persons, together with the names of eighteen of the relatives of WiUiam 
French. The subject was referred to a select committee, composed of George "W. 
Grandey, George Lyman, Jarvis F. Burrows, Hiram Ford, and Thomas Browning. 
A very able report, favorable to the I'equest of the petitioners, and containing much 
historical information of value, was prepared by these gentlemen, and presented to 
the House on the 9th of November. At the same time they reported the following 
bill, and respectfully recommended its passage: — 

" An Act making an appropriation for a Monument to WiUiam French. 

" It is hereby enacted by the General Assembly of the State of Vermont, as 
follows : 

"Section 1. A sum not exceeding twenty-five hundred dollars is hereby appro- 
priated, to be expended under the direction of the Governor, in the erection of a 
granite Monument over the grave of WUliam French, at Westminster; and the 
Auditor of Accounts is directed to audit the accounts of the Governor for the expen- 
diture herein provided, and draw orders on the Treasurer of the State for the same. 

" Section 2. This act shaU take effect fi-om its passage." 

The petition, report, and bill were laid on the table, and the clerk was "ordered 
to procure the printing of five hundred copies for the use of the house." On its 
introduction subsequently, the bill was advocated by the Hon. WiUiam 0. Bradley, 
of Westminster, in a speech replete with patriotic sentiments, forcible arguments 
and historic facts of the most interesting character. To the' great regret of a very 
large minority the biU was defeated by a few votes, on its third reading. 



APPENDIX J. 

OPINIONS EESPECTING A SEPARATION FEOM NEW TOBK. 

Eeferred to on p. 325. 

The annexed report, prepared by the committees of Cumberland county, and 
which forms the basis of the abstract given in the text, is taken from the MS. 
George CUnton Papers, in N. Y. State Lib., vol. v. doc. 1645. 

" Copies of Returns made by Committees of Sundry Towns in the County of 
Cumberland of the Nmnber of Inhabitants in their Towns, and an account of their 
Principles, so far as respects a separation from New York. 

" Those in Hinsdale that are for the State of New York, 11th August 1778, 

are in number ...... 39 

" For the State of Vermont . . . . 1 

"Neuters ...... 2 

"Total ..... 42 

" The Town of Guilford did not make a Return, but they reckon 53 Voters for 
New York, not so many for Vermont, and a number of Neuters. 

"In Halifax, For New York, August 11, 1778 . . 63 

"For Vermont ..... 36 
"Neuters ...... 20 

"Total 119 



756 



HISTORY OF EASTERN VERMONT. 



" The Number of Voters in Brattleborough who dissent from the pre- 
tended State of Vermont, August 11, 1778 . . .165 
" Number who are for Vermont .... 1 

"Total . . . . .166 

" The Town of Marlborough sent a Representative to y^ first Session of Assembly 
for Vermont, but have lately as a Town, Voted not to intermeddle further hi the 
Dispute until Congress shall declare their sense upon the matter. 

" In Wihuuigton (or Draper) for New York, August 7, 1778 . . 12 

" For Vermont . , . . . .15 

"Neuters ...... 8 



' Total 



35 



" From Fulham, no Return is yet made, but upon a Division of the Town, y« 
major part were against Vermont, y« chief of which are also against New York. 

"From New Fane, no Return made, but y« Inhabitants being about equally 
divided, have come to some agreement of neutrality. 

" The Account and Number of the Inhabitants of the Town of Putney from the 
age of 16 and upwards, taken the 10th of August, 1778, [is] as foUoweth: 
"Men of Age that signed to continue under the State of New York, in 

Number ....... 69 

" The account of those of the Inhabitants that have signed and sworn to 

the State of Vermont, is ... . 



" The Remaining part of the Inhabitants of Age and under Age, are 

"Total ..... 
" Taken by us, the Subscribers, as Committeemen for y^ said Town of Putney. 

" James Clay, Samuel Minott. 

" "Westminster sent no Return ; is about equally divided — the Number of 
Voters for New York about .... 

" Rockingham Committee did not come or send. 



26 

41 

136 



40 



" In Sprmgfield, For New York ..... 


21 


" For Vermont ..... 


19 


"Neuters ...... 


4 


"Total .... 


44 


"InWeathersfleld, For New York. . . . 


11 


" For Vermont ..... 


12 


"Total .... 


23 



" No Towns Higher up the River have chosen Committees for the Purpose of 
opposing the pretended State of Vermont." 

Another calculation as to the numerical strength of the Yorkers in Cumberland 
c()unty, may be stated as follows. "When in the month of July, in the year 1780, a 
company of fifty men was formed in Cumberland county, by the advice of Governor 
Clinton, for the continental service, every twelfth or thirteenth person of those 
required to bear arms, was drafted for that puqjose. The number of Yorkers, 
therefore, between the ages of sixteen and sixty, must at that time have amounted 
to more than six hundred. — See George Clinton Papers in N. Y. State Lib., vol x. 
doc. 3081. 



APPENDIX K. 



757 



APPENDIX K 

THE RECOMPENSE IN LANDS. 

Referred to on p. 546. 



No. of 
Lot. 


Name of Grantee. 


Part of 
Lot. 


No. 
of Acres. 


When Granted. 


35 


Timothy Church, . 


whole 


640 


July 11th, 1786 


36 


William Shattuck, . 




(1 


640 


(( ti 11 


37 


Hezekiah Stowell, . 




(< 


640 


(1 II II 


38 1 


Joseph Wells, 




1st 


360 


II II i< 


Asa Parker, . 




2d 


280 


II II Cl 


39] 


James Davidson, 




1st 


500 


II II II 


James Wallace, 




2d 


140 


II II 11 


40 


David Thurber, 




whole 


640 


II 11 II 


" 


Shubael Bullock, . 




1st 


90 


II II II 




Daniel WLLkins Jr., . 




2d 


90 


II II l< 


41- 


Paul Nichols, . 




3d 


140 


II II II 




Cyril Carpenter, 




4th 


220 


11 11 It 




Henry Evans Jr., . 




5th 


100 


II II 11 


42- 


Nathan Avery, 




1st 


132 


II II l< 


Charles Phelps, 




2d 


508 


II II II 


' 


Rutherford Hays, . 




1st 


180 


September 14th 1786 


43- 


James Stewart, 




2d 


100 


II II 11 


Ebenezer Roberts, . 




3d 


180 


II 11 11 




John Sherburne, 




4th 


180 


II II II 


44-' 


Jonathan Dunkley, 




1st 


175 


July 11th, 1786 


Elijah Prouty, 




2d 


465 


11 II 11 


45 


Philip Frisbee and others 




whole 


640 


February 26th, 1793 


' 


Joshua Lynd, 




1st 


180 


September 14th, 1786 


46- 


Zephaniah Shepardson, 




2d 


100 


II II 11 


Giles Roberts, 




3d 


180 


II II u 




Lemuel Lynd, 




4th 


180 


II II II 


47 


Timothy Church, 




whole 


640 


July 11th, 1786 


I 


John Olden, . 




1st 


160 


II II II 


48-^ 


Setli Clark, . 




2d 


160 


II II 11 


f 


James Packer, 




3d 


320 


<i II II 


49] 


David Goodenough, 




1st 


340 


<( II i< 


Edward Carjjenter, . 




2d 


300 


II . II II 


50 


Gospel and Schools, 




whole 


640 


April 6th, 1786 


51 


For Promoting Literature 


J • 


(1 


640 


II II II 


52 


Francis Prouty, 




(1 


640 


July 11th, 1786 


53 


William Shattuck, 






<i 


640 


II 11 11 


54 


Seth Smith, . 






(1 


640 


September 12th, 1786 


i 


Newell Earl, . 






1st 


200 


July 11th, 1786 


55-^ 


Joseph Coleman, 






2d 


240 


11 II 11 


( 


Josiah Rice, . 






3d 


200 


II II II 


i 


Edmund Bemus, 






1st 


220 


II II II 


56-^ 


David Thurber Jr., 






2d 


200 


II II II 


^ 


Asa Stowell, . 






3d 


220 


II II 11 


' 


Joseph Whipple, 






1st 


180 


II <i II 


57. 


Dean Chase, , 






2d 


100 


II II 11 


Daniel Whitney, 






3d 


180 


11 (1 II 


- 


Artemas Goodenough, . 




4th 


180 


II CI il 



758 



HISTORY OF EA8TEEN VERMONT. 



No. of 

Lot 


Name of Grantee. 


Part of 
Lot 


No. 
of Acres. 


When Granted. 


' 


Reuben Smith, 


1st 


170 


July 11th, 1786 


58- 


Ephraim Knapp, 


2d 


100 


II 11 11 


Artemas How, , 


3d 


200 


11 II II 




David How, ... 


4th 


170 


II II II 


( 


Samuel Curtis, 


1st 


180 


II II 11 


59-^ 


John Gault, .... 


2d 


280 


11 II II 


\ 


Hale Salisbury, 


3d 


180 


II <i II 


60 


Timothy Church, . 


whole 


640 


II 11 II 


61 


Philip Frisbee and others, 


u 


640 


February 26th, 1793 


i 


Amos Yaw Jr., 


1st 


214 


July 11th, 1786 


Zl\ 


Nathan Culver, . i 


2d 


212 


II II II 


( 


Ichabod Packer, 


3d 


214 


II II 11 


63-} 


Samuel Clark, 


1st 


180 


11 II II 


Hezekiah Stowell, . 


2d 


200 


U II II 


Orlando Bridgman, . 


3d 


260 


II II II 


■* 


John Adams, .... 


1st 


160 


II II II 


64- 


Jonathan Stoddard Jr., . 


2d 


160 


II II II 


Benjamin Ballow, . 


3d 


160 


II II II 




Charles Packer, 


4th 


160 


II II II 


65 


William Shattuek, . 


whole 


640 


(1 <l II 


66- 


OUver Teall, .... 


1st 


260 


II II II 


Joseph Chamberlain, 


2d 


380 


II II II 


\ 


Jonathan Church, . 


1st 


217 


II II 11 


67- 


Joseph Shepardson, 


2d 


263 


II (1 II 


1 


John CoUins, .... 


3d 


160 


II II II 


63 


Joseph Peck, .... 


whole 


640 


II II II 


' 


Asa Clark, .... 


1st 


97 


II II II 


69 j 


Matthew Elhs, 


2d 


97 


II II II 


Ithamar Goodenough, 


3d 


96 


II II II 




Asaph Carpenter, . 


4th 


350 


II II II 


( 


Jolm Burrows, 


1st 


180 


II II II 


•70-^ 


Timothy Phelps, ^'. 


2d 


280 


II II II 


( 


Samuel Cudworth, . 


3d 


180 


II II II 


71 


Timothy Church, . 


whole 


640 


II II II 


' 


Joshua Nurse, 


1st 


77 30 


September 12th, 1786 


72- 


Simon Calkms, 


2d 


96 1 25 


11 II 11 


Jotham Spaulding, . 


3d 


96 1 25 


11 ti II 




Seth Smith, .... 


4th 


347 10 


11 II II 


73 


Henry Evans, 


whole 


640 


July 11th, 1786 




Noah Shepardson, . 


1st 


90 


II II II 


74^ 


Joel Bigelow, .... 


2d 


350 


II II II 




Joshua Nurse, 


3d 


200 


11 II II 


75 j 


Thomas Baker, 


1st 


260 


March 20th, 1788 


Samuel BLxby, 


2d 


380 


II II II 


76] 


Amariah Parks, 


1st 


92 30 


September 14th, 1786 


Israel Smith, .... 


2d 


497 3 10 


II II II 


' 


John Alexander, . 


1st 


280 


July 11th, 1786 


77] 


Reuben Church, 


2d 


180 


11 II II 


( 


Isaac Crosby, .... 


3d 


180 


11 II II 


78 


"William Shattuek, . 


whole 


640 


II II II 


79 


Henry Evans, 


(( 


640 


II II II 


80 


Henry Evans, 

William Guthrie, . . ) 


" 


640 


II II II 


"I 


William Guthrie Jr., . [■ 
Reuben Kirby, . . ) 


<( 


640 


March 20th, 1783 


82 


William Shattuek, . 


11 


640 


July 11th, 1786 


83 


Wilham White, 


It 


640 


II 11 II 



APPENDIX K. 



759 



No. of 
Lot. 


Nome of Grantee. 


Part of 
Lot. 


No. 
of Acres. 


When Granted. 


84 


Timothy Church, . 


whole 


640 


July 11th, 1786 




Francis Comins, 




1st 


128 


September 12th, 1786 


85- 


James Comins, 




2d 


256 


(1 11 (1 


James Comins Jr., . 




3d 


128 


u a (1 




WilMam Pierce, 




4th 


128 


<i i( It 


86 -j 


Francis Prouty, 




1st 


540 


July 11th, 1786 




Isaac Kendall, 




2d 


100 




( 1( I( 


87] 


Abraham Avery, . 
William Gault, 




1st 
2d 


430 
210 




( (( U 

1 11 1( 


88 


Daniel Ashcraft, 




whole 


640 




I It 11 


( 


Jacob Stoddard, 




1st 


170 




1 (1 It 


89-^ 


David Lamb, . 




2d 


300 




t It (( 


( 


Samuel Earl, . 




3d 


170 




1 If ft 


90 


Timothy Church, , 




whole 


640 




I ft If 


\ 


Adonijah Putnam, . 




1st 


212 




f ff ft 


91- 


Thomas "Whipple, . 




2d 


214 




I ft ft 




Samuel Noble, »-- . 




3d 


214 




1 It If 


( 


Amos Yaw, . 




1st 


193 3 27^ 




f fl ft 


92- 


Eleazer Tobe, . 




2d 


193 3 27^ 




1 II It 


David Culver, 




3d 


203 25 




1 If ff 


' 


Elijah Curtis, . 




1st 


180 




1 II If 


93- 


Elijah Clark, . 
Caleb EUis, . 




2d 
3d 


100 
180 




t ft f( 
1 ff II 


" 


Isaac Slater, . 




4th 


180 




I f< ff 




Jonathan Stoddard, 




1st 


200 




1 ff ff 


94- 


David Thurber Jr., , 




2d 


200 




f f( If 


1 


Caleb Nurse, . 




3d 


240 




1 It 11 


\ 


Moses Yaw, . 




1st 


180 




1 If It 


95- 


Israel Field, . 




2d 


180 




1 II II 


( 


Daniel Shepardson, . 




3d 


280 




u u a 


( 


Jotham Bigelow, . 




1st 


168 




1 ft ft 


96 j 


Nathaniel Carpenter, 
Samuel Colefax, 
Elisha Pierce, 




2d 
3d 
1st 


263 
163 
200 




f 11 If 
1 11 It 
I II II 


9^- 


Richard B. Church, 




2d 


180 




1 II II 


1 


Eleazer Church, 




3d 


260 




1 11 11 


98 \ 


Jonathan S. Alexander, 




1st 


220 




I fl It 




Samuel Melendy, . 




2d 


420 


(( 11 1! 


99- 


Obadiah Wells, 




1st 


220 


September 14th, 1786 


Joseph Elliott, 




2d 


420 


11 11 11 


' 


Hezekiah Broad, 




1st 


328 20 


July 11th, 1786 


100^ 


Benjamin Baker, 




2d 


90 3 30 


<l (1 K 


Ephraim Rice, 




3d 


90 3 30 


(1 « 11 


- 


Joseph Garcey, 




4th 


90 


« 11 11 



Township No. 2, or Clinton, was surveyed by Simeon De Witt, on the 6th of 
April, 1786, and at the same time was divided into one hundred lots, each of which 
it was intended should contain 640 acres. Lot No. 50 was appropriated to the use 
of "Gospel and Schools," and lot No. 51 "For promoting Literature." On the 6th 
of May following, the commissioners of the land office resolved to compensate those 
who had suffered in opposing the government of Vermont, by giving to them lots 
Nos. 35-100, inclusive, comprising, as was supposed (lots 50 and 51 being excepted), 
sixty-four lots, or 40,960 acres. On the 11th of July, in the same year, the com- 
missioners divided fifty-four lots, or 34,560 acres, among the one hundred and seven 
persons who had been reported by Timothy Church and William Shattuck, as deserv- 
ing of reward, and reserved ten lots, or 6,400 acres, for the purpose of satisfy mg the 



760 HISTORY OF EASTEEN VERMONT. 

claims of such of the sufferers as were not included in the list which Church and his 
friends had presented. On this occasion, lot No. 81 was granted, 260 acres of it to 
Thomas Baker, and 380 acres to Samuel Bixby. Subsequently it was ascertained 
that improvements had been made on this lot, by persons to whom it did not belong. 
The owners of the laud appear to have treated the squatters with kindness. An 
amicable adjustment of difficulties was the result. By an act of the Legislature, 
passed March 20th, 1788, power was given to the commissioners of the land office 
to grant to "William Guthrie, William Guthrie Jr., and Reuben Kirby, the squat- 
ters before referred to, lot No. 81, and by the same act, lot No. 15 was granted to 
Thomas Baker and Samuel Bixby, in place of lot No. 81. 

On the 12th and 14th of September, 1786 the commissioners granted seven lots or 
4480 acres to a number of the " sufferers " whose names had not been included in 
the former enumeration. The demands of the citizens of New York who had resided 
in Vermont having been satisfied, the Legislature of New York by an act passed 
March 20th, 1788, gave to the commissioners power "to issue a grant" of two of the 
lots that had not been disposed of, viz., lots Nos. 45 and 61, containing each 640 acres, 
to PhOip Frisbee, Samuel Frisbee, PhUip Frisbee Jr., Ephraim Guthrie, Eben Landers, 
Seth Stone, Goold Bacon, Herman Stone, Nathaniel Benton Jr., Joseph Landers, 
Roderick Moore, and their associates. Before they could "severally be entitled to 
receive their respective grants," they were required to "pay into the treasury of this 
state, in any public securities, signed by the treasurer of this state, at the rate of 
one shilling and three pence per acre for the lands to be granted to them respect- 
ively." A patent was issued in accordance with this act, on the 26th of February, 
1793. 

An examination of the above table, will show that lots Nos. 72, 76, 92, 96, and 
100, contained respectively 617, 590, 591, 599, and 600 acres of land, instead of 640 
each. The reason of this discrepancy appears in the following extract, from the 
records of a meeting of the commissioners of the land office, held at the house of 
Matthew Yisscher, in Albany, on the 12th of January, 1789 : — " On running the east 
line of the said township of Clinton from the Delaware to the mouth of the Unadilla 
(the course of which line is north 4° 47' east), the lots adjoming to this line fell short 
of 640 acres each, at which they were computed when first ballotted for, as will 
appear by the minutes of this board. But in this entry such of the said lots as 
were formerly ballotted to two or more persons, viz., lots Nos. 72, 76, 92, 96, and 
100, are divided among their respective proprietors in the same proportions with 
respect to the true quantity of each lot, as they were divided before on the suppo- 
sition that they contained the quantity of 640 acres each." Land Office Minutes, in 
office Sec. State, N. Y., 1784-1788, i. 169, 170, 194-198, 220, 221, 224, 225, 256, 
262, 263: 1788-1796, ii. 3, 17, 27-32, 51, 27, 281. Laws of N. Y., 11th session, 
Greenleafs ed., ii. 198, 199. Map No. 57, in office Sec. State N. Y. Journal, 
Senate N. Y., 13th session, 2d meeting, pp. 46, 49. 



APPENDIX L. 



761 



APPENDIX L. 

DIVISION OP THE $30,000. 

Referred to on p. 565. 



Number 








Sum to which 


of each 


Name of Claimant. 


each Claimant ia 


Claim. 




entitled. 


No. 1 


Samuel Avery ..... 


$2655 03 


" 2 


James Abeel 






548 93 


" 3 


Goldsbrow Banyar . 






7218 94 


« 4 


John Bowles 






745 26 


" 5 


Catharine Bowles 






49 91 


" 6 


James Beeckman 






72 56 


" 7 


"William Banyar 






309 42 


" 8 


Thomas B. Bridgen . 






162 65 


" 9 


Samuel Bard 






149 72 


" 10 


Robert Bowne 






49 91 


" 11 


"William Cockbume . 






1495 95 


" 12 


Ebenezer Clark 






37 42 


" 13 


James McCarra 






24 93 


" 14 


Alexander Cruikshank 






37 00 


" 15 


CadwaUader Golden, Thomas Golden, Alexander 
Golden, and Josiah Ogden Hoflman, surviving 






Executors of CadwaUader Golden, deceased 


449 15 


" 16 


Richard Carey and Ann hia wife 


122 92 


" 17 


Henry Cruger 




149 72 


" 18 


Thomas Clark 


, 




237 05 


" 19 


Archibald Campbell . 


. 




49 91 


" 20 


Archibald Currie 


. , 




9 98 


" 21 


"William McDougall . 






37 42 


" 22 


James Chatham Duane, "William North, and Mary 
his wife, Sarah Duane, Catharine Livingston 






Duane, and Adelia Duane 


2621 29 




' 23 


Gerardus Duycking Jr. . 




49 91 




' 24 


John De Lancey 






49 91 




' 25 


Obadiah Dickenson . 






49 91 




' 26 


Alexander McDougall 






34 93 




' 27 


George Etherington . 






98 32 




' 28 


Thomas Etherington 






74 11 




' 29 


James Farquhar 






99 81 




' 30 


Jellis A. Fonda 






49 90 




' 31 


John Galbreath 






99 81 




' 32 


James Guthrie 






37 42 




' 33 


"William Giles 






5 49 




' 34 


Joseph Griswold 






147 73 




' 35 


John Goodrich 






199 63 




' 36 


Charles Hutchms 






9 98 




' 37 


Jonathan Hunt 






948 23 




' 38 


John Hensdale 






49 91 




' 39 


John Johnston 






124 77 




' 40 


Luke Knowlton 






249 53 




' 41 


Peter Kemble 






199 63 




' 42 


Abraham Lot 






698 69 




' 43 


John Lawrence 






49 91 




' 44 


Robert Lewis 






119 78 




' 45 


Joel Lyman . 






49 91 




' 46 


Elijah Lyman 






49 91 


" 47 


Catharine Metcalf, Executrix of Simon Metcal^ 






1 


deceased . 






1417 47 



762 



HISTORY OF EASTERN VERMONT. 



Number 




Sum to which 


of each 


Name of Claimant. 


each Claimant is 


Claim. 




entitled. 


No. 48 


Catharine Metcalf ..... 


899 81 


" 49 


Thomas Norman and Elizabeth Martha his wife 




718 60 


" 50 


Jane Nesbit ..... 




12 48 


" 51 


Elias Nixon . 












24 95 


" 52 


Barbara Ortley 












134 75 


" 53 


Eleazer Porter 












49 91 


" 54 


John McPherson 












99 81 


" 55 


Isaac Rosevelt 












399 25 


" 56 


Peter Sim 












37 42 


" 51 


Samuel Stevens 












653 63 


" 58 


William Smith 












1181 69 


" 59 


Jacob Shefflin 












97 32 


" 60 


Francis Stevens 












199 63 


" 61 


Diana Smith 












49 91 


" 62 


Mary, Elizabeth, Esther, and Rachel Schlatter, sur 








viving executors of Michael Schlatter, deceased 




99 81 


" 63 


John M. Scott .... 




49 91 


" 64 


John Titts . 










9 98 


" 65 


Samuel Thatcher 










149 71 


" 66 


Peter Van Schaak 












199 63 


" 67 


"WilUam Wickham 












149 72 


" 68 


Brooke "Watson 












1197 76 


" 69 


Gerard "Walton 












49 91 


" 70 


John "U^atts . 












99 82 


« 71 


"William "Walton 












199 63 


" 72 


George "Wray 












39 92 


" 78 


Staltham "Williams 












199 63 


" 74 


John Bard . 












449 15 


" 75 


John Plenderleaf 












1096 68 


" 76 


Samuel Partridge 












49 91 




Total 






$30,000 00 









Doc. Hist N. T,, iv. 1024, 1026. 



LIST OF THE CIYIL AND MILITARY OFFICERS OF 
CUMBERLAND AND GLOUCESTER COUNTIES. 



Those persons who were appointed to office previous to April 
3d, 1Y75, held commissions under the British province of New 
York. Those persons who were appointed to office from April 
3d, 1Y75, to September 1st, 1YT7, derived authority from the 
New York Provincial Congress and the Convention of the state 
of New York. Tliose persons who were appointed to office sub- 
sequent to September 1st, 1777, received commissions by virtue 
of the Constitution of the state of New York. 



CIVIL LIST. 
CUMBERLAND COUNTY. 



763 



CIVIL OFFICERS. 



DEDnroS POTESTATEM COMMISSIONERS TO ADMINISTER OATHS OP OFFICE. 

On the 20th of January, 1766, a few months previous to the establishment of 
Cumberland county, a dedimtis poiesiaiem commission to administer oaths of office 
was granted to Thomas Chandler, "William GillUand, and Isaac Man, for the whole 
of the New Hampshire Grants, at that time included within the Umits of Albany 
county. 



Date of Commission. 


KAMXR. 


July 17, 1766. 


Thomas Chandler, Joseph Lord, Samuel Wells, John Chandler. 


April 7, 1768. 


Thomas Chandler, Joseph Lord, Samuel Wells, John Chandler. 


April 14, 1772. 


Samuel Wells, Crean Brush. 


May 5, 1774. 


Samuel Gale. 


May 15, 1777. 


John Sessions, John Stevens. 


October 24, 1778. 


Pelatiah Fitch, John Sessions, James Clay, Micah Townsend. 


June 5, 1782. 


Charles Phelps, James Clay, Hilkiah Grout. 



COMMISSIONERS OF THE COURT. 



Date of Commission. 


TSAMSS, 


February 18, 1774 


Samuel Wells, Crean Bmsh, Samuel Knight. 



COMMISSIONERS TO RECEIVE THE PROPERTY OP THOSE WHO ttad JOINED THE ENEMY. 



Date of Commission. 


NAMES. 


March 6, 1777. 


James Clay, Amos Robertson, Israel Smith. 



764 



HISTORY OF EASTERN VERMONT. 
COMMISSIONER OF FOBFEITTJEB. 



Date of Cktmmission. 


1 

NAME. 


February 25, 1780. 


John Sergeant. 



JUDGES OF INFERIOR COUBT OF COMMON PLEAS. 



Bate of Commission. 


NAMES. 


July 16, 1766. 
April 7, 1768. 
AprU 14, 1772. 
August 18, 1778. 


Thomas Chandler, Joseph Lord, Samuel Wells, 

Thomas Chandler, Joseph Lord, Samuel "Wells. 

Thomas Chandler, Joseph Lord, Samuel "Wells, Noah Sabin. 

Pelatiah Fitch, John Sessions, James Clay. 



ASSISTANT JUSTICES OP INPEEIOR COURT OF COMMON PLEAS. 



Date of Commission. 


NAUES. 


July 16, 1766. 
AprU 7, 1768. 
April 14, 1772. 
August 18, 1778. 


Ohver Willard, John Arms, James Eogers, Zedekiah Stone, 
Benjamin BeUows, Thomas Chandler Jr., John Chandler. 

Oliver Willard, Thomas Chandler Jr., John Chandler, Samuel 
Stevens, Nathan Stone, William WiUard, Thomas Bridgmaa 

James Rogers, Nathan Stone, William WiUard, Stephen Green- 
leafj Thomas Chandler Jr., Benjamin Butterfield. 

Eleazer Patterson, Hilkiah Grout, Stephen GreenleaC 



JUSTICES OF THE COURT OF OYER AND TERMINER AND GENERAL JAIL DELIVERY. 



Date of Commission. 



June 5, 1782. 



Charles Phelps, James Clay, Eleazer Patterson, Hilkiah Grout, 
Simon Stevens, Elijah Prouty, Michael Gilson.* 



* At this time Eichard Morris was Chief Justice of the Supreme court of the state of New York, 
and Robert Yates and John Sloss Hobart were puisne Justices of the same court. The presence 
of either Morris, Yates, or Hobart was necessary to form a court of Oyer and Terminer, etc. 



CIVIL LIST. 

JUSTICES OP THE PEACE. 



765 



On the 20th of January, 1766, a few months previous to the establishment of Cum- 
berland county, the following persons were appointed justices of the peace for the 
whole of the New Hampshire Grants at that time included within the limits of 
Albany county, viz, : — Thomas Chandler, "WiUiam GillUand, Joseph Lord, Isaac 
Man, Robert Harpur, Jacob Bayley, Samuel "Wells, Nathan Stone, Oliver WiLLard, 
John Arms, James Rogers, Benjamin "Whiting, John Chandler, Benjamin Bellows 
Jr., John Griffiths, Thomas Morrison, Samuel Robinson, George Palmer, John 
Stoughton, John "Wattson, Alexander MacNachten. 



Date of Commission. 


NAMES. 


July 16, 1766. 
April 7, 1768. 
April 14, 1772. 

Jane 5, 1782, 


Thomas Chandler, Joseph Lord, Samuel "WeUs, Oliver "WUlard, 
John Arms, James Rogers, Zedekiah Stone, Benjamin Bel- 
lows, Thomas Chandler Jr., John Chandler, "WUUam "WUlard, 
John Church, Thomas Bridgman, BUdad Andross, Israel Curtis. 

Thomas Chandler, Joseph Lord, Samuel "Wells, OUver "WUlard, 
Thomas Chandler Jr., John Chandler, Samuel Stevens, 
Nathan Stone, "WiUiam "WUlard, Thomas Bridgman, BUdad 
Andross, Israel Curtis, Henry "WeUs, Simon Stevens. 

Thomas Chandler, Joseph Lord,* Samuel "WeUs, Noah Sabin, 
James Rogers, Nathan Stone, "WUUam "WiUard, Stephen 
Greenleaf, Thomas Chandler Jr., Benjamin Butterfield, BUdad 
Andross, Israel Curtis, Simon Stevens, Zadock "Wright, Samuel 
Nichols, "WUliam "WiUiams, John Bridgman, David Joy, 
Ephraim Ranney, OUver LoveU, John Bolton, Jonathan Burk, 
Luke Knowlton, John "Winchester Dana^ 

Charles Phelps, James Clay, Eleazer Patterson, HiUjiah Grout, 
Simon Stevens, Elijah Prouty, Michael GUson, Samuel Bixby, 
Daniel Shepardson, Hezekiah StoweU, Bethuel Church, John 
Pannel, Nathan Pish, Joseph "Winchester, Daniel Kathan. 



COUKTT CLEEKa 



Date of Comuiisslon. 



July 16, 1766. 
April 7, 1768. 
February 25, 1772. 
March 7, 1774, 
August 18, 1778. 



John Chandler. 

John Chandler. 

Crean Brush, vice John Chandler, removed. 

Samuel Gale, vice Crean Brush, resigned. 

Micah Townsend. 



Z6$ 



HISTORY OF EASTERN VERMONT. 
SEEBHTS. 



Date of Commission. 


NAMB3. 


July 16, 1766. 


Nathan Stone ; term expired October 14, 1767. ^ 


March 31, 1768. 


John Arms; appointed for eighteen and a half months, v' 


October 13, 1769. 


John Arms ; served six months. 


April 17, 1770. 


Daniel "Whipple ; appomted for unexpired term. 


October 13, 1770. 


Daniel Whipple. 


October 12, 1771. 


Daniel Whipple. 


October 6, 1772. 


Daniel Whipple ; served part of term. 


October 1, 1778. 


WiUiam Paterson, 


October 4^ 1774. 


WiUiam Paterson. 


July 10, 1775. 


Jesse Burke.* 


May 5, 1771 


Paul Spooaer.f 


August 18, 1778. 


Simeon Edwards. 


March 6, 1779. 


Suneon Edwards. 


February 18, 1780. 


Simeon Edwards. 


June 5, 1783. 


Timothy Phelps. \/ 


♦ He was sheriflf on the 10th of July, 1775, but the date of his appointment is not known. 
+ Declined the appointment by letter received by the Provincial Congress on the 15th of 
July, 1777. 



StUlEOGATES. 



Date of Commission. 


NAHXS. 


July 16, 1766. 
March 31, 1768. 
April 14, 1772. 
1 August 18, 1778. 


Thomas Chandler. 
Thomas Chandler. 
Crean Brush. 
James Clay. 



OrVTL LIST. 
COEONEES. 



767 



Date of Commission. 



January 20, 1766. 
July 16, 1766. 
April 7, 1768. 
August 18, 1778. 
March 6, 1779. 
February 18, 1780. 



Timothy Olcott. 

Tunothy Olcott, Samuel Taylor. 
Timothy Olcott, Amos Tute. 
Samuel 'Warrnier, Oliver Kidder. 
Samuel Warriner, Oliver Kidder. 
Samuel "Warriner, Oliver Kidder. 





ATTOBNETS AT LAW. 


Date of Commission. 


NAMES. 


March 31, 1768. 


Solomon Phelps. 


April 26, 1770. 


Micah Townsend. 


July 22, 1771. 


Charles Phelps. 


June 23, 1772. 


Samuel Knight. 



REPEESENTATIVES IN THE COLONIAL GENERAL ASSEMBLT OP NEW YORK ELECTED BY 

THE PEOPLE. 



Commencement of Session. 


NAMHB. 


January 5, 17t3. 
January 6, 1774. 
January 10, 1775. 


Samuel "Wells, Crean Brush. 
Samuel "Wells, Crean Brash. 
Samuel "Wella, Crean Brash. 



DEPUTIES IN THE NEW YORK PROVINCIAL CONGRESS, AND CONVENTION OP THE STATE 
OP NEW YORK, ELECTED BY THE PEOPLE. 



Commencement of Session. 


NAMSS. 


May 23, 1775. 
November 14, 1775. 
May 14, 1776. 
July 9, 1776. 


John Hazeltine, Paul Spooner, "William "Williama 

"William "Williams, Paul Spooner. 

"William "Williams, Joseph Marsh. 

Joseph Marsh, Simon Stevens, John Sessions. 



768 HISTOEY OF EASTERN VERMONT. 

MEMBERS OP ASSEMBLY OF THE STATE OF NEW YORK ELECTED BY THE PEOPLE. 



Commencement of Session. 


NAMBS. 


August 18, 1779. 
January 21, 1184, 


Elkanah Day, John Sessions, Micah Townaend. 
Joel Bigelow, Elijah Prouty, William Shattuck. 



SENATOR IN THE NEW YORK LEGISLATURE. 



Commencement of Session. 


VA3IS. 


September 10, 1181. 


Elkanah Day. 



GLOUCESTER COUNTY. 

CIVIL OFFICERS. 

DEDDTUS POTESTATEM COMMISSIONERS, TO ADMINISTER OATHS OP OPFICB. 



Date of Commission. 


NAMES. 


March 17, 1770. 
April 10, 1772. 
May 15, 1777. 


John Taplin, Samuel Sleeper, Thomas Sumner, John Peters. 
Jacob Bayley, John Peters. 
Jacob Bayley. 



COMMISSIONERS TO RECErra THE PROPERTY OP THOSE WHO HAD JOINED THE ENEMY. 



Date of Commission. 


NAHXB. 


May 2, 1777. 


Peter Olcott, Jacob Kent, Israel Smith. 



JUDGES OP INFERIOR COURT OP COMMON PLEAS. 



Date of Commission. 


NAMES. 


March 17, 1770. 
April 10, 1772. 
October 26, 1774 


John Taplin, Samuel Sleeper, Thomas Sumner. 
John Taplin, Jacob Bayley, Thomas Sumner. 
John Peters. 



CIVIL LIST, 
ASSISTANT JUSTICES OF INFERIOR COCRT OF COMMON PLEAS. 



T69 



Date of Commission. 


1 
1 

NAMES. 


March 17, 1770. 
April 10, 1772. 


James Pennock, Israel Smith, Abner Fowler, John Peters. 1 

James Pennock, Jacob Kent, John Hatch, Joel Marsli. | 

1 



JUSTICES OF THE PEACE. 



Date of Commission. 


NAMES. 


March 16, 1770. 
April 10, 1772. 
October 26, 1774. 


John Taplin, Samuel Sleeper, Thomas Sumner, James Pennock, 
Israel Smith, Abner Fowler, John Peters, Thomas Cliamber- 
lain, Jonatlian Sumner. 

John Taplin, Jacob Bayley, Thomas Sumner, James Pennock, 
Jacob Kent, John Hatch, Joel Marsh, Thomas Chamberlain, 
Benjamin Whitcomb, Samuel Hale. 

John Peters. 

i 



COUNTY CLERKS. 



Date of Commission. 


NAMES. 


March 17, 1770. 
March 5, 1772. 
June 30, 1774. 


John Peters. 
John Peters. 
John Lawrence, vice John Peters. 



SHERIFFS. 



Date of Commission. 


NAMES. 


March 17, 1770. 
October 6, 1772. 
November 19,1774. 
May 6, 1777. 


John Taplin Jr. 
John Taplin Jr. 
John Taplin Jr. 

Nathaniel Merrill. 

• 



49 



770 



HISTORY OF EASTERN VERMONT. 
COROXER. 



Date of Commission. 


HAMK. 


November 11,1772. 


Ephraim Bayley. 



ATTORNEY- AT-LAW. 



Date of Commission. 


NAME. 

• 


January 20, 1775. 


John Lawrence. 



DEPUTY IN THE NEW YORK PROVINCIAL CONGRESS. 



Commencement of Session. 


KAME. 


May 23, 1775. 


Jacob Bayley.* 
General Bajley did not take his seat. 



CUMBERLAND AND GLOUCESTER COUNTIES. 



MILITARY OFFICERS. 



The records relative to the military appointments in Cumberland and Gloucester 
counties, are very imperfect, The statements which follow have been compiled 
from various sources. In May, 1775, an attempt was made by the New York Pro- 
vincial Congress, to establish a military organization on the New Hampshire 
Grants, and, on the 31st of that month, the commission of brigadier-general of a 
brigade which it was intended should comprise the militia of Cumberland, Glou- 
cester, and Charlotte counties, was offered to Col. James Rogers of Kent, now 
Londonderry, and was by him refused. In June, 1775, Major "Wilham "Williams, 
Major Benjamin "Wait, and Captain Joab Hoisington offered their services to the 
New York Provincial Congress, respectively, as colonel, lieutenant-colonel, and 
major of a regiment of militia. About the same period, a design was entertained of 
creating two regiments in Cumberland county, one of which was to be called the 
lower regiment, and the other the upper regiment. On the 15th of August, 1775, 
at Springiield, Simon Stevens, Joseph Marsh, and Benjamin "Wait, appended their 
names, as field officers, to the following " true list of th^ officers in the upper regi- 
ment in Cumberland county, choseu by their respective companies." 



MILITARY LIST. 
UP'PEB REGIMENT. 



m 



Towns. 


Captains. 


Lieutenants. 


Ensigns. 


Windsor . . 




William Cooper. 


Ebenezer Curtis. 


Springfield . 


Abner Bisbee. 


Timothy Spencer. 


Nathaniel Weston. 


Chester . 


George Earl. 


Jonathan Tarbell. 


Amos Gile. 


"Weathersfield 


^ Hilkiah Grout. 


Israel Burlingame. 


Oliver Kidder. 


"Woodstock . 


Joab Hoisington. 


Benjamin Emmons. 


William Powers. 


Hartford 


Joel Marsh. 


Benjamin Wright. 


Alexander Brink. 


Hertford 


Timothy Lull. 


Aaron Willard. 


Asa Taylor. 


Pomfret . . 


Oliver Udall. 


John Perin. 


Zebulon Lyon. 


Cavendish 


John Coflein. 


Thomas Gilbert. 


Phinehas KimbalL 



On the 2 2d of August, 1775, the New York Provincial Congress voted that the 
militia of the counties of Charlotte, Cumberland, and Gloucester should be formed 
into one brigade. On the 21st of November following, the field officers for the 
lower and upper regiments, and for a regiment of minute-men, were nominated at a 
convention of representatives from the towns in Cumberland county, held at West- 
minster. On the 4th of January, 1776, during the recess of the New York Pro- 
vincial Congress, the committee of safety for that colony confirmed the nominations 
of the officers for the upper regiment and the regiment of minute-men, but refused 
to act upon the nominations of the officers for the lower regiment, on account of the 
political character of some of those whose names were presented. Those to whom 
commissions were given, were, for the 

UPPER REGIMENT. 



Colonel. 


Lieut.- Colonel. 


First Major. 


Second Major. 


Adjutant. 


Quartermaster. 


Joseph Marsh. 


John Barrett. 


HilkiahGrout 


JoelMatthews 


Tim. Spencer. 


Amos Robinson. 


REGIMENT OF MINUTE MEN. 


Colonel. 


Lieut.-Colonel. 


First Major. 


Second Major. 


Adjutant. 


Quartermaster. 


Joab Hoisington 


Beth Smith. 


Joseph Tyler. 


Joel Marsh. 


Tim. PJielps. 


Elisha Hawley. 



On the 1st of February, 1776, the following officers for the lower regiment were 
nominated at a convention held at Westminster. These nominations were confirmed 
on the 1st of March following, by the New York Provincial Congress. 



LOWER REGIMENT. 



Colonel 


Lt-Colonel. 


First Major. 


Second Major. 


Adjutant. 


Quartermaster. 


Wm. Williams 


Benj.Carpenter 


'Oliver Lovell. 


AbijahLovejoy 


Sam"lMinottJr. 


Sam'l Fletcher 



772 



HISTORY OF EASTERN VERMONT. 



On the 6th of February, 1776, in a letter dated at Guilford, Benjamin Carpenter 
chairman of the committee of safety for Cumberland County, communicated to the 
New York Provincial Congress, the annexed list of militia officers, chosen in the dif- 
ferent towns comprised within the lower regiment. The nominations were con- 
firmed on the 1st of March. 

COMPANIES IN THE LOWER REGIMENT. 



Towns. 


Captains. 


First Lieutenants. 


Second Lieuts. 


Ensigns. 


Guilford . 
Brattleboroiigh 
Fiilham . 
Westminster . 
Putney 
Halifax . 


SteT)h. Shepardson 
Jiihn Sersjeant 
.Iiinatlian Kni),'ht 
•lolin AveriU 
Abijali Moore 
Daniel Rich 


D-avid Stowell 
Oliver Cooke 
.T<isiah Boyden 
.labcz Perry 
Daniel .Jewett 
Benjamin Henry. 


Timothy Koot 
Timothy Church 
Daniel Kathan 
Azariah Wright 
Ephraim Clay 
Kobert Patterson 


Dillingfn Johnston 
John Alexander 
Shepard Gates 
William Crook 
Ephraim Pierce 
Edward Harris 



On the 2 2d of May, 1776, at a convention called for the committees of safety of 
the counties of Cumberland, Gloucester, and Charlotte, and held at Windsor, Jacob 
Bayley, of Newbury, was chosen brigadier-general, and Simon Stevens, brigade- 
major of the brigade comprising those three counties. 

For the purpose of affording protection against the savages, the New York Con- 
vention determined, on the 23d of July, 1776, to establish ranging companies in the 
more exposed counties of the state. Cumberland and Gloucester counties were 
ordered to raise two hundred and fifty-two men. On the following day, Joab Hois- 
ington was appointed major of the rangers in the two counties. On the 6th of Au- 
gust, 1776, the committees of safety for Cumberland and Gloucester counties met at 
Windsor, and nominated the officers for the four companies into which the rangers 
were to be formed. After considerable delay, the nominations, with a few excep- 
tions, were confirmed by the New York Convention. Commissions were granted 
to the following officers on the 10th of October, 1776, and on the 23d of the same 
month they were sworn to the faithful discharge of their duties. 

COMPANIES OF THE RANGERS. 



Captains. 



First Lieutenants. 



Benjamin Wait, 
John Strong, 
Joseph Hatch, 
Abner Seelye.* 



Elisha Hawley, 
Eldad Benton, 
Simon Stevens, 
Benjamin Whitney. 



Second Lieutenants. 



Zebulon Lyon, 
John Barnes, 
Amos Chamberlain, 
Jeliiel Bobbins. 



* Seelye resigned his commission on the 22d of December, 1776. 



Meantime the brigade comprising the counties of Cumberland, Gloucester, and 
Charlotte was divided. The militia of the two former counties were formed into one 
brigade ; tlte militia of the latter into another. The command of the Cumberland 
and Gloucester brigade was given to Brigadier-General Jacob Bayley, and to Brigade 
Major Simon Stevens, on the 1st of August, 1776. 

The militia of Cumberland county were subsequently divided by the Legislature 
of New York into the northern regiment and the southern regiment. The officers 
of the southern regiment, who received their comtnissions from the Council of 
Appointment of that state, on the 18th of August, 1778, were as follows; — 



MILITAKY LIST. 

SOUTHERN REGIMENT, 



Colonel. 


Lieut.-Colonel. 


Major. 


Adjutant. 


Quartermaster. 


Eleazer Patterson 


John Sergeant 


Elkanah Day 


Henry Sherburne 


Eichard Prouty 



The companies which were estaVjlished in this regiment are named in the annexed 



list: 



COMPANIES IN THE SOUTHERN REGIMENT. 



Towns. 


Captains. 


First Lieutenants. 


Second Lleuts. 


Ensigns. 


Hinsdale . 
Guilford . 
Halifax . 
Brattleborough 
Fulham . " . 
Putney 

Westminster . 
Eockingham . 


Reuben Field 
Asa Eice 
John Pannel 
Timothy Church 

Josl;ih Allen 
LurnsAVils.mt 

jMicljiU'l (iilMIU 

Moses Wright* 


Timothy Eoot 
Pelatiah Fitch Jr. 
James Bl.ikslco 
Daniel Kathan 
Daniel Cushing 
Michael Gilson 
Isaac Eeed* 


Jonathan Church 

.James Clay Jr. 
Ephraim Kanney 


Weightstill Orvis 
Micah Eice 
Joseph Stewart Jr. 
Samuel Eoot 
Shepard Gates 
N.athaniel Lord 
Benj. Whitney 
Ashur Evans* 



Those officete designated by a *, were appointed on the 24tli of October, 1778* 
That officer designated by a f, was appointed on the 19th of October, 1779. The 
remainder were appointed on the 18th of Augu.st, 1778. On the 19th of October, 
1779, James Clay Jr., and Daniel Cushing exchanged places in the Putney Company. 

The companies wliich were formed in the northern regiment were these :-^ 

COMPANIES IN THE NORTHERN REGIMENT. 



Towns. Captains. 


First Lieutenants. 


Second Lieuts. 


Ensigns. 


Weathersfleld . Eliphalet Spafford 
Springfield . Abner Bisbee 


Oliver Kidder 
John Bisbee 




Joseph Douglass 
Taylor Spencer 



The officers of the Weatherfifield Company were appointed on the 24th of October, 
1778. Those of the Springfield company on the 20th of October, 1779. 

On the 5th of June and the 24th of July, 1782, the following persons were chosen 
officers of the 

SOUTHERN REGIMENT. 



Lt.-Col.CommM't. 


First Major. 


Second Major. 


Adjutant. 


Quartermaster. 


Timothy Church 


William Shattuck 


Henry Evans 


Joel Bigelow 


Elishfl Pierce 



On the 24th of July, 1782, the following officers were chosen to the command of the 

COMPANIES IN THE SOUTHERN REGIMENT, 



Towns. 


Captains. 


First Lieutenants. 


Second Lieuts. 


Ensigns. 


Brattleborough : 
South Comp'y 
North Comp'y 

Guilford : 
First Comp'y 
Second Comp. 
Third Compy 

Halifax . 


Artemas How 
Eichard Prouty 

.Toseph Peck 
Daniel Ashcraft 
.Joseph Elliott 
Thomas Baker 


Eeuben Church 
John Alexander 

William White 
Jas. Walsworth Jr. 
Elisha Eoot 
Isaac Orr 


Isaac Crosby 
Francis Prouty 

Israel Bullock 
Benoni Cutbeth 
Isaac Weld 
Daniel Donaldson 


1 

Eutherford Hays 
Jonat'n Alexander 

Joshua Nurse 
Samuel Stafford 
Simeon Ferrel 
David Lamb 



INDEX OF SUBJECTS. 



Abenaqui, or Abenaquis Indians, 20, 585. 

Abenaquies of Bekancour, 66. 

Adultery, punishment of, 575. 

Aix la Chapelle, peace of, 53, 61. 

Albany, 31S; treaty at, 63; county town for 
the New Hampshire Grants, 136; design of 
the British to take, 303. 

Albany countv, 2T5, 291, 309, 376; includes the 
New Hamp'shire Grants, 129, 131, 634, 763, 
765; attempts to divide, 132 — 135; its unli- 
mited extent, 186; fairs in, 193; disturbances 
in, 237; exposed to attack, 264; orders to 
the militia of, 336; act relating to, 523. 

Algerine Captive, 713, 714 ; extract from, 715 — 
713. 

Algonkins, 66. 

Andover, 177 ; when chartered and settled, 121 
—123. 

Arlington, 4S8; consultation at, 338; report 
concerning, 481 ; Council meet at, 49S, 596. 

Arrest of a dead body, 584. 

Arson, 574. 

Assistant, .575. 576, 577; office of an, 572. 

Athens, an alarm at. 896, 397, 398, 411. 

Attorney-at-law, oath required of an, 581. 

Bainbridge, granted to the sufferers by Ver- 
mont, 546, 547. 

Ballot-boK. protection of, .569, 571, 572 

Barnard, incursion at, 382; fort at, 3S3; rioters 
from, Mi. See Bernard. 

Barnev Island, 60. 

Bear s'tory, 733, T34. 

Bellows Falls, fishing at, 101 ; Indian sculptures 
at, 587—592. 

Bennington, 22.5, 481, 489, 51.3, 531, 5.51, 558, 568, 
681, 703; when chartered, 93; "mob," 237, 
240, 607 ; quarrels incited by the people of, 
239, 243 ; battle of, 303, 304, 441, 453, 567, 641, 
729; first session of the w;)urt at, 326; troops 
collect at. 44<i ; jail at, 478, 488. 495. 498, 5ll6, 
526; letters written at, 49o, 495. 496 ; troops 
from, 519 ; convention at, 562. 563. 

Bennington county, 8, 434; order to the militia 
of, 339; subdivision of, 403; troops assemble 
from, 440; sheriff of, 496. 

Berk.'hire county, assistance from. 354. 

Bernard, when chartered, 107. Same as Bar- 
nard. 

Bernardston, death of a citizen of, 528 — 531. 

Bestiality, 574. 

Bethel, incursion at, 382; fort at, 382, .388, 884; 
an attack anticipated at, 411. 

Blasphemy, 574. 

Boston, restr.aint on the people of, 215; inci- 
dents connected with the siege of, 610 — 625. 

Block-houses, how built, 26. 

Bradford, when chartered, 123, 124; early set- 
tlement at, 139, 140. 



Branding, 341, 846, 574, 57.5, 576. 

Brattleborough, .349, 361, 375, 376, 397, 421, 427, 
4:32, 4:38, 505, 674, 701, 702, 704, 718; when 
chartered, 104, 105, 106; grants in, 141 ; road 
to Chester from, 177; road through, 194; 
county committee meet at, 27S, 294 — 297, 
750; friendly to New York, 291, 292, 293: 
committee of, 295, 322, 359, 461, 471 ; meeting 
of those friendly to New York, at, 3o9, 311 
—314, 820, .335, 340, !359, 370, 378, 506, 507; 
town meeting at, 310, 319, 419 ; sentiments 
prevalent in, 325, 423, 756; arrests in, 389, 
488, 722 ; representation from, 416, 417, 588 ; 
convention at, 420; militia of, 436, 453, 475, 
772, 773; commotion at, 440, 444, 445, 452, 
516; quarters of Vermont officers at, 510; 
attack on the inn at, 511 ; Vermont troops 
assemble at, 514, 515; pardon of citizens of, 
536; Indian inscriptions at, 589 — 591; epi- 
tapiis at, 711, 725; census of, 745. 

Bribery denounced, 571, 572. 

Bridgman's Fort, 26 ; incursion near, 86 ; burned 
by the Indians, 89 ; disastrous affair at, 74 — 
77. 

British in Canada, negotiations with, 380, 831, 
408, 412-^14, 416, 419, 421, 422, 461, 464, 479, 
485, 503, 568, 720, 721. 

Brookline, incident at, .396—399. 

Bunker Hill, 641. 

Burglary, punishment of, 575, 576. 

Burial, a strange, 583, 584. 

Burk's Garrison, 67. 

Burning of Koyalton, 3S3— 395. 

Burying-ground at Westminster, 214, 215. 

Caledonia county, 6. 

Cape Breton war, 23, 60, 63, 94. 

Capital offences, 574, 576. 

Cattle, seizure and s.ale of, 856 — 353. 

Caucus, call for .a, 599. 

Caughnawaga, Indians at, 23, 24, 673, 787; cap- 
tives at, 391. 

Cavendish, when chartered, 120; incidents 
connected with the settlement of, 121 ; mili- 
tia of, 771. 

Charlestown, origin of the name of, 38; fort 
at, 67. 68; forces at, 81 ; incidents at, 83, 91, 
92; attack on, 85, 86, 87, S3 ; meeting at, 401 
402. See Number Fwir. 

Charlotte county, 2.37, 265, 275, 282, 284, 285, 
290, 291, 292, 299, 800, 305, 309, 355, 376; mi- 
litia of, 249, 250, 251, 255, 256, 266, 770, 
771, 772; advice to, 252; exposed to attack, 
264; act relating to, 523; division of, 554, 
555. • 

Chenango county, 546, .547. 

Cheshire county, 4ol, 402. 754. 

Chester, 823. 638, 639, 651 ; when chartered. 109, 
634 ; selected as a county town, 187, 142 ; at- 



776 



IXDEX OF SUBJECTS. 



tempt to overawe the court at, IM— 166- 
threats to pull down the jail at, 172; descrip- 
tion of the jail at, ir3-lS2 ; removal of 
county buildinirs from, 183, 1S4; patriotic 
meetings at, 197, 198, 204, 206, 279 ; friendly 
IZJ^"'^'^ ^'■'^^^^ 269; town meetings at, 283, 
t-io, bo3; the committee of, 656; census of, 
(45; representative from, 754; militia of, 

Chimney Point, the first settlement in Ver- 
mont west of the Green mountains, 24. 

Choir, description of a, 213. 

Christianize the Indians, efforts to, 17, 18 23 

Civil officers, list of, 762— 77U 

Clapp's Hill, 61. 

<'larenceville. 704, 706. 

Clinton county, 555. 

Clinton township, grants in, 544—547, 757— 
7C0. 

Coghran's Fort, 33. 

Colden county proposed, 132, 138. 

Columbia college, 140. 

Confiscation, 327, 328. 

Congregationalists, divisions among, 211 

Congress, resolves of. 298, 313, 350, 352, 355 
864, 865, 870, 375, 377, 400, 418, 422 464 467' 
468, 469, 470, 471, 478, 479, 480, 481, 482* 4S3' 
485, 486, 492, 496, 503, 542, 555, 623, 658, 659^ 
^o^' *'^^' *'^'^' temporizing conduct of, 83.i,' 
S-il, 369, 589; appeal to, 338, 349, 360, 466, 
53o; report to, 358, 359, 623; action of de- 
nounced. 363; attempts to obtain an opinion 
^';'''"',^5' ^^' °22, 523, 525; interview with, 
^ o-I''' remonstrance against the conduct 
ot, 382; the position of, 456, 4;37, 451 • letter 
1%^U '"■gument before a committee of, 
408, 685; sentiments towards, 478; act ad- 
mitting Vermont into tlie Union. 563,564- 
act of, o96; petition to, 622, 628. 661; secret 
session of, 722, 723. 
Connecticut, influence of the laws of. on Ver- 

I"°2L''^?';^''**'"°' 5^=^' ^^4' 5^9 ; 'ands assigned 
to, 735, 736. 

Conspiracies, acts for the punishment of, 4.3'> 
433, 573. ' "' 

Constitution of Vermont, 308, 320 328 829- 
Its adoption, 297, 566—568; epitome of, 569 
—572 ; revised, 702, 703. 

Contrast, the first American plav, 711 712 

Coos, intended settlement at, 62; meanin<r of 
5So; county of, 586, 587. " ' 

Coosucks, an Indian tribe, 586. 

Cornish, noted for its white pines 146 

Corporal punishment, 341, :j46, 574, 575, 576 
577, 5(9, 627; infliction of. 582, 588 

Councillor, 504, 526, 572, 581, 642. 

Council of Appointment, 321,822 323 422 4'^S 
*30, 432. 435, 678, 693. 772. ' 

Council of Censors, 582. 662. 

Counterfeiting, punishment of, 576 

Court-house, 291, 294, 299, 354; permission to 
build one at Chester, 173; desciiption of one 
built by Thomas Chandler, 176, 177; descrip- 
tion of one at "Westminster, 184—186- fl^ht 
and occurrences in that at Westminster, 219 
—2-36; at Windsor, 534. 

Court-house Hill, 1S5. 

Court party, 216, 282, 636. 

Courts of justice established, 137, 160, 161, 182, 

Creed prescribed, 570. 
Cromwell's Ironsides, 593; troops, 594 
Cross of fire, 223. i' . «"*• 

Crown Point, road to, 268; prisoners taken at, 

Cumberland county, 185, 299, 36.3, 419 493- 
origin of name of, 1; boundaries of, 12 8 4 
5, 6, 195, 554; charter of, disallowed,' 2' 141 • 
when erected, 136, 634, 680; provision^ of the 
act of incorporation of, 137; charter granted 
by the King to, 142, 173. 6a5; records of. 14:3 
647; territory north of, 159, 160; petitions 



?Ji'"^i'o^'«?,?*' "'■' ^^^' '^f- ^'5- 1'<5, 1^1. 1S2, 
191, 309 605; census of. 187, 745; represen- 

188"'l6/367^". ^'^ 7r^ ^''""^^y f^°°°. 
iQ« Iv? /•''"^? relative to, 186—1.39. 189 
—196, 523; friendly to the cause of the colo- 
nies, 200, 2(J8, 204, 215, 216,242- aimror.r a 
t^ms for, 238, 6r9; meeting'of ^o'n'^',^ t?e of, 
Y^;tT^' •'"•*'(•. ^-^' delegates in the Kew 
0-0 n.T*'^""^'^' t ongress from, 246, 250 254 
^08, 268; condition of, 247, 282 370 371 • 
means to defend, 248, 300-802; power 'to de- 
I'f o-'/oi">.^:*^- 258-260; militia of, 249, 
!•-< ' l^-t' 266, 267, 275, 805, 815. 856, 357 .368 

of 250 26f 9^S'/^^a'?^' ^^^= convention 
o!, J50, 26 (, 268, 401; advice to, 252, 258- loan 
to, 2o5; committee of safety of. 257 262 277 
278, 304, 805, 806, 641; suppHes to, 262' ies 
264; rangers for, 265, 286-289, 300; discus- 
sions relative to, 270, 294-297 ; report con- 
cerning 271-274; disaffection in, 2s3-9^ 
rf4b— ,349; measures for the welfare of, 289-^ 
iaT' "•<;nio'"ials concerning, 306, 307, 461, 
462; letters to the inhabitants of, 812— 314 
458; reconstructed, 815; justice iit, .317, 318' 
appeal to Congress in behalf of, 324; views 
01 the citizens of, 325, 755, 756; enlarged, 
826; estates in, confiscated, 328; militia 
7'^^^^^% *39; preparations to maintain the 
rights of New 1 „rk in, 351 ; agent from, 353, 
^si; letters from committees of, 378 374 
3(6; plan of new jurisdiction in, 400-Uo2- 
fn i^r'io^ "/a-"*"'"^' ^0^- officers appointed 
'°V'^2' *E' ^^•''' *'"'*' «534, 635, 688,639,644 
^o' Ul' ^'^' ^^' "^^l' '593, 695, 706, 7191 725 
^^o~ , L ""*'""■' concerning citizens of, 542, 
o«; jands granted to citizens of, 541 547 
(07- (60; proceedings in, 720; division of! 

Jud"gefS:'7lf' '''= ^^^^'"'^"^ ''' *^« 
Cumberland, town of, census of, 745 
Cursing, punishment of, 577. 

Darthmouth college, 825, 889, 598, 602. 676 
Dawes place. 627. 

^in'^^o'.''' Jn'' ?""*='' <>"' ^ '■ second attack on, 

10, 591, 669; tate of inhabitants of, 11; third 

attack on, 12; defence at, 67, 68. 
Defamation, trial for, 881, 410, 411. 
Defiance, Fort, at Harnard, 883. 
Dighton Kock, 588, 589. 
Dorset convention, 229, 254, 268, 269, 282 288 

764. ' 

• Draper, when chartered, 99; road through, 

194; sentiments in, 825, 756. 
tSee Wilmington. 
Dresden, 325, 889. 
Drunkenness, punishment of, 579. 



1- oc ' • j','^ » "'' ^"' suppjies at, 

li. 2b; garrisoned by friendly Indians, 18- 
attacked, 18; fate of a scouting party from' 
19; used as a truck-house. 20, 21. 671 - garri- 
son at increased. 23; tre.aty at, 24, 672, 786— 
738; defeneesoi; strengthened, 27; deserted 
by the Indians. 28; dispute as to what Go- 
vernment should maintain it, 29-3'2, 79, 80- 
well-located, 83, 84; importance of. 37, 89; 
repaired, 40; encounters near, 43 46 47 48- 
sermon at, 49; troubles at, 81,82; first 'set- 
tlement in the state of Vermont at, W4. 
Dummer meadows, 16. 

Dummerston, 228, 281; circumstances con- 
nected with the settlement of, 105—109; ex- 
tract^j from the records of, 200—203, 281, 750; 
patriotism of, 200; revolutionarv me.-isiires 
at, 201—203, 205, 215, 220; patriotic meeting 
at, 204, 206; rage of the people of. 224; mani- 
festo from, 251, 252; drafts in, 873; remon- 
strance from, 410; the edge of, 445; militia 
of, 516 ; levies from, 531 ; occurrence at, 584. 
See Fvlham. 



INDEX OF SUUJIXT; 



Duinmerstonian, a fiery, 720. 
Dutchess county, 249; act relative to, 193. 
Dutch lloosac, attack on, 66. 
Duyckiucks' Cyclopttdia uf American Litera- 
ture, extract from, 711 — 714. 

Ear, punishment of cutting off the, 846, 575, 
576. 

Eastern Union, 325, 402, 403, 404, 415, 418, 419, 
406. 

Education, provision for, 570. 

Elizabeth, bri^antine, 613; laden witli the pro- 
perty of Boston citizens. 614 — 617; captured, 
61\ 619, 621; libel against, 622; not forfeited, 
623. 

England, laws of, 5S2 ; church of, 743. 

Epitaph, on Jemima Tute, 76 ; on Caleb How, 
77; on William French, 215; on Jonathan 
Tute, 706, 707; on Amos Tute, 707; on 
Eoyall Tyler, 711 ; on Samuel Wells, 725; on 
John Kilburn, 742. 

Equivalent lands, 13, 14, 15, 58 ; description of, 
lu5— 108, 735, 786. 

E.'^.'ie.x county, 6. 

Eulogy on Washington, 603 — 665. 

Fair captive, account of the, 75, 76, 706, 
707. 

Fairlee, 828; when chartered, 119, 120; grants 
in. 141. 

Fairs, law est.iblishing, 192, 193. 

F,hI1 Town Gore, 102. 

Falmouth, treaty at, 54, 61. 

False witness, 574. 

Fane, when chartered, 99. 

See ^i'erwfane. 

Faneuil Hall, 708. 

Farmer's Weekly Museum, a newspaper, 712, 
713, 714; e.xtrait from, m>, 665. 

Farnham, 649; grant in, 704. 

Flamstead, when chartereil, 109. See Cliester. 

Forfeiture, 574, 576, 577, 578, 579. 

Forgery, punishment for, 576, 577. 

Fortified houses, how built, 54. 

Freedom and Unity, the motto of Vermont, 
565. 

French war, 81—93, 215, 730. 

Fresh river, same as the Connecticut, 128. 

Fi lends of Liberty, 242. 

Fulh.im, l(i9, 361 ; name how spelled, 106, 108; 
grants in, 141 ; sentiments in, 325, 750; com- 
mittee of, 3;i5, 859; troubles at, 336; census 
of, 745 ; militia of. 772, 773. 

See IHmimerston. 

Gallows.'sitting on the, 574. 

Gaming, punishment o^ 577. 

Garri.son life. 55—58. 

Gentleman, the title of, 257, 736. 

Gloucester county, 4, 245, 876, 400: boundaries 
of, 5, 6,554,655; petition for the establish- 
ment of, 1.59; formed, 160, 161; petitions of 
citizens of, 169. 170, 191 : census of, 187, 188, 
745: laws relative to, 189. 190. 52;^!. 544, 545 ; 
meeting of committee of, 243 ; delegate to 
represent, 247 ; militia of, 249. 25(1, 251, 255, 
256, 260, 275, 805, 428; advice to, 252: sup- 
plies for, 26.3, 2(U; rangers of. 26.5,278,274, 
2S0— 289, 299, SiiO; convention of, 267, 268, 
401, 4;i2; condition of, 282, 284, 285; com- 
missioners for, 2s9 ; measures for the welfare 
of, 29.>— 292, 3ii9: di-sallowed, 815; civil and 
military officers in, 7C8 — 773. 

Goldenstown, 101. See Rockingham. 

Goodrich's Garrison, 67. 

Governor mountain. 111. 

Governor's rights, 140 ; meadow, 627. 

Grafton county, 401, 4(i2. 

Grafton, town of, when chartered, 111, 112, 
411. 

Grants, the abbreviation of New Hampshire 
Grants, 145, 159, 162, 169, 170, 187, 269, 277, 



282, 28.5, 294, 300, 810, 312, 318, 315, 320, 321, 
827, 835, 338. 851. 301, 364, 870, 871, 374, 375, 
870, 381, 899, 401, 4(»2, 4il7, 412, 416, 418, 420, 
422, 4;i6, 4:^7, 457, 462. 464, 465, 466, 467, 469, 
471, 547, 606, 633, 6:34, 640, 650, 653, 674, 678, 
680, 681, 691, 727. 

Great Britain, hatred to, 196. 

Great Falls, Indian inscriptions at, 588-591; 
notice of, 670, 671, 674. 752. 

Ses BdhiWH FiMi. 

Great Gun, 27, 47, 48, 78. 

Great Meadow, 13, 14, 80, 84, 671 ; settlement 
on, 27 ; garrison at, attacked, 35, 36 ; descrip- 
tion of fort at, 69 ; appearance of, 70 ; fort at, 
turned into a dwelling, 92, 93. 

Great river, 736. Same a« OMitiectioiit river. 

Green Mountain Boys, 226, 284, 337, 888, 
839, 358, 363, 497, 567, 654, 729; corps, 
462. 

Guildhall, when chartered, 120. 

Guilford. 311, 861, 421, 427, 432, 488, 510, 597, 
674, 684, 704; when chartered, 110, 111; 
grants in. 141, 171, 172 ; militia of, 224, 227, 
486, 450, 753, 772, 773; committee of, 295, 
817, 822, 3:35, 359, 461, 471, 478; sentiments in, 
825, 42:3, 500, 501, 755; tax levied on citizens 
of, 836 ; election at, 868 ; drafts in, 373 ; in- 
cident at, 378 ; address from, 415 ; represen- 
tation from, 416, 417, o3S ; town meeting at, 
420, 424, r);W; a republic, 423; loyal to New 
York, 41; 4 — 4:i6, 43."), 4o(i, 4S(i,4sT; jiroceedings 
at, 444, 445, 475, 476, 477, 4b2, 5t»5, 5o7, 520 ; 
rebellion at, 446; sympathy for, 451 ; foray 
at, 452, 45:3, 455 ; liberality of the people of, 
490 ; letter to the citizens of, 509 ; fight at, 
516 — 519; troops stationed at, 521, 527; 
Daniel Spicer killed .at, 528 — 531; pardon 
of citizens of, 536 ; census of, 745. 

Guilfordites. 419, 425, 531 ; their patriotism, 
243; their attachment to New York, 368; 
their fear, 444; Allen's proclamation to 
them, 445 ; their arrest, 508, 509. 

Halifax, 361, 421, 427, 4.32, 719; when char- 
tered, 96, 97; friendly to New York, 269, 
310; disturbance at, 310, 444, 448, 511 : sen- 
timents in, 325,42:3, 755; committee of, 359, 
461, 471 ; drafts in, 373 ; aLarm .at, 397 ; town 
meeting at, 420; militia of, 436; submission 
of the citizens of, 503; troops at, 514, 517; 
census of, 745 ; militia of, 772, 773. 

Hardwick, 698. 

Hartford, 411, 486; when chartered, 112; 
grants in, 141 ; favors a separation from 
New York, 276; census of, 745; militia of, 
771. 

Ilartland, 698, 699; when chartered, 114, 115; 
rioters from, 548 ; fight at, 549, 550. 
Ste Hertford. 

Harvard college, 691, 708. 

Hatfield attacked, 8, 9. • 

Haverhill burned, 12. 

Hawks's Garrison, 67. 

Hazen road, 412. 

Herkimer county, 546. 

Hertford, now Hartland, 328; when settled, 
114, 115; grants in, 141 ; ro.ad to Chester 
from, 177; troubles at, 429,430; census of, 
745: militia of, 771. 

Highway robbery, punishment of, 575, 576. 

Hill, Fort, 27, 68. 

Hinsdale, now Vernon, 311, 801, 420, 507; fort 
at, 26; when chartered, 101, 102, 103; title 
to lands in, 170, 171; committee of, 295, :319, 
334, .359; legal investigation at, 317, 818; 
sentiments in, 825, 755; census of, 746; 
militia of, 77:3. 

Hinsdell's or Hinsdale's Fort, 27. 48, 49, 52, 63, 
76, 248, 730 : attack on the soldiers of, 77, 78 ; 
rangers at, 85, 706. 

Hinsdell's mill, skirmish at, 30. 

Horse-racing, punishment of, 577. 



778 



INDEX OF SUBJECTS. 



Hospital Point, proposed as a county town, 
132. 

Incest, punishment of. 574, 575. 

Indian road, 21, .3.3, 41. 

Indian Rock at Brattleboroush, 5SS— 591. 

Indians, 546, 669 ; treaty with, 24, 544, 670, 672, 
736—738; vestiges of, 124, 5S6 ; incursion of, 
at Barnard, 382 ; attacii. of, on Rovalton, 
.383—395; false alarm concerning, 896—399; 
depredations of, 412 ; settlements of, 5S5 — 
587 ; picture-writins of, 587—592. 

Industry, benefits of. 572. 

Iroquois Indians, 6, 5S5. 

Jail, description of, at Chester, 17.3—175, 177; 

description of, at Westminster, ls5, 29S. 
Jamaica, grant of, 642. 
Jericho, grants in, 546, 547. 
John street theatre, 712. 

Kent, census of, 745. 

Kilburn's Fort, account of the fight at, 74, 739 

—742. 
Kingsbury county j>roposed, 1-32. 
Kingsburv, town of, proposed' as a county 

town, 132. 
King's college, 140. 
Kingsland, a county town, 160 ; location of, 

161, 17S. 
King's Own regiment, 61S. 
King William's war, 92. 

Land Office, proceedings of the commission- 
ers of the New Yorli," 544—546, 757—700. 

Lands, method of granting, 140, 141, 170. 

Lawful authority, act to uphold, 345, 34C. 

Lead, its value. 264. 

Letter, punishment of wearing a, 57.5. 

Lexington, battle of, 751. 

Libellous letters, 731, 732. 

Liberty-men, 227. 

Licen.se laws, 189, 190, 578, 579. 

List of civil and military officers, 762 — 773. 

Londonderry, 249, 770; probably the scene 
ofMelvin's fight, 42. 

Lord's day, observance of, 669, 579, 580. 

Loyalist. 679, 696, 720, 723, 724, 

Lucas's Garrison, 67, 

Lunenbnrch, 585; settlement at, 124; charter 
of, 657, 6.')8, 

Lying, punishment of, 677. 

Lyme, kindness of the people of, 302. 

Manchester county proposed, 1.32. 

Manchester, town of, report concernins, 481 ; 
convention at, 568. 

Manslaughter, punishment of, 574. 

Maqnas Indians, 16. 

Markets, law establishing, 192, 193. 

Marlborough, 4^,486; conflict with the In- 
dians .at, 45 ; when chartered. 97. 679. 680 ; 
a half shire town, 186, 404 ; incidents at, 276, 
441 — 443; sentiments in, 32.5, 756; men 
drafted at, 372, 373; history of, 396; excite- 
ment at, .397— .399; soldiers at. 44ii. 514, .517; 
superior court at, 452 — 455, 492 — 195, 582 ; 
committee of, 461, 471; militia of, 616; 
pardon of citizens of, 5:36; a preacher at, 
691 ; letter from, 694 ; early settlers of, 728, 
729; census of, 745. 

Maseesqueeg or Scatacook Indians, 18,23. 

Massachusetts, northern boundary line of, 
settleil. 60; claim of, 300, 307, .365; adjudica- 
tion on the claim of .364. 36.5, 596 ; sympathy 
of, 4.50, 451, 479, 519, 6;30, 533 : correspondence 
with, 531 ; idea of annexing Vermont to, 
681 ; grants bv, 735, 736. 

Massachusetts, Fort, S3, .34, 52, 54, 61, 62, 66, 
67, 70, 81, 83. 91 ; force of, increased. .39. 

Massacre at Westminster, 209—241. 398, 409, 
410, 609, 685, 636, 639, 64:3, 645, 646, 673, 674, 



678, 679. 680, 695, 699, 706, 719, 720, 726, 730, 

746—755. 
Masting trees, reserved for the use of the king, 

143, 144 ; malicious prosecution for cutting, 

146—158. 
Meeting-house, description of a, 211 — 214 
Middleburv college, 598, 662. 
Military officers, list of, 770—773, 
Military road across Vermont, 91, 92. 
Militia laws, .3.32, .338, 423, 581. 
Mill prison, 406. 
Mob, name given to the Americans, 216, 219, 

234. 
Mohawk Indians, 7 
Montgomery county, 546. 
Montpelier, 3S3; Indians encamp near, 390. 
Moorotown or Moretown, 123, 160, 82S. See 

Bradford. 
Morrison's Garrison, 67. 
Mount Independence, camp at, 667. 
Murder, 574. 
Mutilation, 574. 

Nassau Hall, 700. 

Nepisinques Indians, 66. 

Neutrals, 322; number of, 825, 755, 756. 

Newbury, 404, 408,585; incidents connected 
with the settlement of, 124—126, 666; pro- 
posed as a county town, 132 ; grants near, 
141 ; selected as a county town, 161 ; a mili- 
tary station, 275, 300 ; shire of, 315, 326 ; 
plan to attack, 383, 384; Indian settlements 
at, 586, 587. 

New Connecticut, alias Vermont, 283, 288, 
566, 573. 

Newfane, 311, 420; the supposed localitv of 
Melvin's fight, 42 ; when chartered, 99,'l00, 
675; a county town, 186; sentiments in, 
325, 756; militia of, :346; false Indian al.arm 
at, 396, 397 ; superior court at, 582, 5s;3, 662 ; 
Incident at, 709, 710; census of, 745. 

New Flamstead, now Chester, 6:33, 634, 688, 
6:39 ; when chartered, 109 ; proposed as a 
county town, 1:32, 1:3:3. 

New Hampshire, 559, 560, 696 ; limits of in- 
creased, 25 ; dispute concerning the New 
Hampsliire Grants, between New York and, 
128, 243; bound.aries of, 129, 130, 41S: juris- 
diction on the " Grants," of, 191 ; union with 
Vermont of sixteen towns in, 325, 327; ad- 
vice to, 364, 365; dismemberment of, 402, 
417, 750, 751. 

New Hampshire Grants, 46:3, 486, 487, 679, 719, 
722, 728, 729; disputes concerning, 128, 510, 
530, 5:33, 595, 606, 751 ; included in Albany 
county, 131, 76:3, 765; attempts ta divule, 
1:32 — 134; militarj' and civil condition of, 
1:35, 1:36, 770; petition of the inhabitants of, 
169, 170 ; effects of the controversy concern- 
ing, 172, 17:3, 562, 565; road througli a por- 
tion of, 194; patriotism of, 205; idea of 
forming a state in, 244, 254, 260, 268, 269, 
401 ; alienation of, 2S1 ; formed into the 
state of Vermont, 2S3, 566, 568; militia of, 
ordered to report, 305; protest against the 
separation of, 311 — :314 ; resolves of Con 
gress respecting, 365, 364, 805, 470, 472 ; affi- 
davit concerning, 374; titles to land on, 42? 
rejiort relative to, 522, 523 ; early settler on, 
583; submission of, 611 ; property owned on, 
626, 627; surveyor on, 644. See Grants. 

New Marlborough, when chartered, 97, 679 ; 
road through, 194. 

New Netherland, northern limit of, 128. 

New Stamford, road through, 194. 

New state's men, 310, 820, 873, 528. 

New Taunton or Number One, now Westmin- 
ster, terms of the grant of, 58 — 61. 

New York, disputes concerning the New 
H.impshire Grants between New Hamp- 
shire and, 128, 129, 298; boundaries of, 1.30, 
661 ; dislike to the jurisdiction of, 216, 243, 



\ 



INDEX OF SUBJECTS, 



779 



255, 269, 276; ordered to raise men, 256; 
opinions relative to a separation from, 275 
—278, 325, 755—757 ; alienation from, 281, 
282; enmity between Vermont and, 304 — 
306,310; denial of the .jurisdiction of Ver- 
mont by friends of, 316 — 318; correspond- 
ence concerning; the rights of, 320 — 825; 
persecution of the subjects of, 336, 370 ; de- 
fiance to, 346, 351; delegation from, 349, 350, 
353, 355, 362, 381, 457,459, 463; advice to, 
364, 365, 467; elections of, 368, 369; peti- 
tions to the Legislature of, 376, 415, 418, 510, 
641, 542, 562. 6u6, 607, 683 ; dismemberment 
of, 403, 417 ; determination of the friends of, 
438; commissions from, 450; condition of 
the friends of, 485, 506, 507, 519 ; acts con- 
cerning the citizens of, 502, 503, 6;?4, 635, 543, 
544 ; proceedings and acts of the Legislature 
of, 361, 362, 461, 522 — 625, 653, 554, 558, 559, 
660, 564, 565, 674, 760 ; grants of land to the 
suffering citizens of, 542—547, 757—760; ad- 
mission of Vermont into the Union favored 
by, 563 — 564; adjudication concerning, 596; 
Council, 719. 

New York Committee of Safety, 283, 649, 720, 
749. 

New Yorlc Convention, 263, 268, 2S4, 2.86; 
commission from, 266; proceedings of, 270 
—274, 289—294. 649, 772; obnoxious letter 
to, 277, 278 ; loan by, 282. 

New York Council of Safety, 299 ; letter of, 
298. 

New York, General Assembly of, representa- 
tives in, 1S8, 605, 645, 767 ; remuneration of 
representatives in, 193 ; last meeting of, 195, 
196, 218, 238. 

New York Provincial Congress, 245,243, 249, 

256, 284, 640, 641, 644, 647, 648, 729, 762, 766, 
770, 771, 772 ; delegates in, 246, 247. 250, 264, 
2.D8, 728, 767, 770 ; letter to, 260, 261 ; n.ime 
changed, 263; extracts from journals of, 264, 
749. 

New York Provincial Convention, 244, 247, 

649, 762. 
Night-w.alking, punishment of, 578. 
Northfield, 67, 248, 670, 671 ; settlement at, 7 ; 

depredations at, 8, .52 ; abandoned, 10. 
North Haven, first settler of, 594. 
Norton's tavern, 630, 631 ; a representation of, 

221. 
Norw.alk, burning of, 696. 
Norwich, 32s, 602, 703 ; first called Norwhieh, 

112; settlement of, 113; a shire town, 404; 

census of, 745. 
Number One or New Taunton, now Westmin- 
ster, terms of the grant of, 53 — 61, lol ; list 

of the grantees or proprietors of, 738, 739. 
Number Two, now Rockingham, 101. 
Number Three, now Walpole, fort at, 740. 
Number Four, now Charlestown, 27, 31, 33, 36, 

41, 43, 45, 49, 52, 5:3, 64, 61, 62, 84, 89, 90, 91 ; 

attacked and valiantly defended, 38; other 

attacks on, 39, 40, 64. 

Oath, required, 531 ; commissioners to admi- 
nister, 763, 768. 

Oneida Indians, 546. 

Oorondax Indians, 34 

Orange county (N.Y.), 291; exposed to attack, 
264. 

Orange county (Vt.), 4, 6, 143, 161 ; boun- 
daries of, 403, 404. 

Order of King in Council, of July 20th, 1764, 
118, 122, 130, 145, 146, 169, 170, 171, 191, 201, 
859, 662, 606, 679. 

Orleans county, 6. 

Pardon, ofl'ers of, 347, S4S. 

Paris, peace of, 728. 

Peacham. 412; incursion at, 4*5, 406, 663. 

Pelham, Fort, 33, 40, 67. 



Pennsylvanni.a. similarity between the consti- 
tution of Vermont and that of, 567. 

Penobscot Indians, 62. 

Perjury, punishment of, 576. 

Philip's war, 7, 8. 

Picture writing of Indians, 587 — 592. 

Pigwacket, fight at, 685. 

Pillory, punishment of the, 576, 582, 533. 

Pitt county proposed, 132. 

Plymouth, when chartered, 113. 

Poetic account of the Westminster Massacre, 
234, 236, 752. 

Polygamy, punishment of, 576. 

Pomfret, 411, 486 ; when chartered, 107, 114 ; 
minister at, 699 ; census of, 746 ; militia of, 
771. 

Poor law, 530. 

Population of the New Hampshire Grants, 
130, 131, 134, 135, 187, 183, 745. 

Pownal, when chartered, 93; road through, 
194 

Presents to the Indians, 34, 35. 

Presidential elector, 662. 

Press, freedom of the, 571. 

Profanity, punishment of, 577. 

Propagation of the gospel, society for the, 743. 

Protestant religion, 569. 

Putney, 311, 361, 375, 376, 420,486, 677,698; 
when chartered, 68, 94, 697 ; incidents con- 
nected with the settlement of, 95, 96, 106, 
108, 695; grants in, 141; riots at, 172, 173, 
ISO, 652; anger of the people, 224; disaffec- 
tion in, 251"; 252; committee of, 296, 335, 
359,696; sentiments in. 326, 756; rescue at, 
334, 336, 340; citizens of, arrested, 339; 
election prevented at, 369; drafts in, .373; 
false alarm at, 396—399 ; militia of 515, 772, 
773 ; church at, 696; census of, 745. 

Pypowder, courts of, meaning of the name, 
193. 

Randolph, Indians encamp in, 388; incursion 
at, 390, 392. 

Rangers, life of, 71—73 ; established, 264, 265. 
772; command of, 266 — 268; conduct of, 
270, 271, 286—289 ; report concerning, 273— 
275; disaffection among, 279 ; wages of, paid, 
282 ; ordered to march" 299, 300. 

Rape, 574 

Raynham Hall, name proposed for Wood- 
stock, 116. 

Readesborough, road through, 194. 

Reading, when chartered, 11.3, 823; comme 
morative stones at, 65, 66, 591. 

Regulators, 551. 

Religion protected, 569, 573. 

Rescue at Putney, 334. 

Rice's Fort, a3, 67, 73, 86. 

Biots, severe acts to prevent, 340, 841, 844, 
576. 

Road laws, 138, 139, 139, 194, 195. 

Roads from Lake Champlain to Connecticut 
river, 21, 22, 23, 32, 51, 64, 76, S3, 84, S5, 91, 
92. 

Rockingham, 811, 323, 361, 420, 423; when 
chartered, 100, 101, 104; meeting of civil 
otiicers at, 135 ; settlements at, 178; efforts 
to make it a county town, 179 ; patriotism 
of, 217, 218, 224, 233 ; friendly to a new state, 
269; committee of, 3:35, 359 ; disturbance at, 
336; remonstrance from, 4ii9, 410; militia 
of, 515, 753, 773 ; census of, 745 ; representa- 
tives from, 754; sentiments in, 756. 

Royal tavern, 221, 222. 

Eoyalton, .383, 5.54 ; the attack on and burn- 
ing of, 384— :395. 

Rutland county, troops assemble from, 440, 

Rutland, town of, trial at, 329, 330 ; Council 
meet at, 527 ; outbreak at, 551 ; General 
Assembly meet at, 568. 

Eyswick, peace of, 9. 



780 



INDEX OF SUBJECTS. 



Sabbath, observance of, 569, 5T9, 5S0. 

Saltash, former name of Plymouth, 113. 

San Coiek, attack on, 66. 

Sartwcll's Fort, 26, 2T ; tavern. 166. 

Saturday evening, observance of, 5S0. 

Scatacook Indians, 18, 23. 

Scoutinfr expeditions, routes ot, 18, 19; or- 
<;anized, 89 ; iournal of, 670, 671. 

Sculiituri'f bv tlie Indians, 5S7— 592. 

Service, a punishment, .332, 341, 57T. 

Sharon, 328; when chartered, 116; Indian in- 
cursion at, 386, 387, 392 ; census of, 745. 

Shav's Kebellion, 530, 709, 711. 

Sheldon's Fort, 33, 67. 

Sheriff, law concerning his duties, 192. 

Shirley, Fort, 33, 36, 40, 45, 67. 

Sodomv, 574. 

Sons of Liberty, 196. 

S()uiidiiif,'-b(iard, account of a, 212. 

South Carolina, maritime condition of, 658, 
659. 

Springfield, 361; when chartered, 116; diflfi- 
culties of settling, 117 — 119 ; early militia 
company in, 135; agreement signed at, 248 j 
sentiments in, 325, 423, 756 ; committee of, 
3.35, 359; town meeting at, 634; census of, 
745; militia of, 771, 773. 

Squakheag, settlement at, 7. 

Stanwix, Fort, 544. 

Sterling county proposed, 132. 

St. Francis Indians, 44, 62, 586. 

Stillwater proposed as a county town, 1.32. 

Stocks, ],unishiiu-nt of, 577, 578. 579, 5S0. 

Stratford, 32s : di-serters from, 302. 

Supply bill, 674, 702. 

Swanzey, attack on, 7. 

Swine, law to prevent damage by, 193, 194. 

Taunton river, writing rock on, 588, 589. 

Tavern-haunter, punishment of a, 578. 

Taverns, courts held at, 196, 196. 

Taylor's Garrison, 67. 

Tender act, 651. 

Theft, punishment of, 577. 

Thetford, 328 ; when chartered, 116 ; deserters 
from, 302 ; a shire-town, 404. 

Thirty thousand dollars, act granting the sum 
of, to New York, 561, 564; division of the 
sum of, 505, 633, 676, 761, 762. 

Thomlinson, now Grafton, when chartered, 
111. 

Ticonderoga, 287, 729 ; attack on feared, 275, 
285, 567; evacuated, 297. 301, 3o8; troops 
march to, 300 ; events at, 405, 641, 667. 

Timber, law concerning the destruction of, 
191. 

Tinmouth, consultation at, 655. 

Tioga county, 546. 

Tory, 216, 217. 218, 220, 221, 222, 224, 2-33, 275, 
293, 335, 360, 397, 39S, 412, 608, 613, 624, 627, 
639, 647, 674, 696, 701, 702, 751, 752. 

Townshend, when chartered, 101 ; agreement 
signed at, 248 ; militia of, 515, 641 ; early in- 
habitants of, 640 ; representative from, 642 ; 
census of, 746. 

Treason, punishment of, 573, 574. 

Treaty, renewal with the Indians of a, 24, 736 

'7QC 

Trenton, battle of, 303. 

Tryon county, 275, 291 ; fairs in, 193; e.\posed 

situation of, 264. 
Tump-line, 47. 

Tunbridge, Indian depredations at, .384, 392. 
Tuscarora Indians, 546. 

Ulster county, 291 ; exposed to attack, 264. 
Unity county, 3, 5, 315. 
University of Vermont, 708, 709. 
Utrecht, treaty of, 13. 

Vermont, division into counties of, 1 — 6; 
early reference to, 6; first settlement in, 16; 



second setr.ement in. 24; derivation of the 
principles of the laws of, 189. 573. 674; first 
convention within the limits of. opposed to 
Great Britain, 197—200 ; formed into a state, 
283: constitution of, 297, 308, 32(1. 328, 829, 
566—572,702,703; opinions concerning, 298, 
363. 369, 413, 414, 424. 471 ; enmitv between 
New York and, 304 — 3(i6, 81o;" called an 
ideal state, 324: union of New Hampshire 
towns with, 325, 327, 402, 750; militia laws 
of. 332, 833, 423, 5S1 ; laws of. delk-d, 838, 
425,426; refusal to serve in the militia of, 
366,857; advice to, 365 ; supposed determi- 
nation of, 874; negotiations between the 
British and, 3S(i. 8sl, 408, 412 — tl4. 410, 419, 
421, 422, 461, 404, 479, 4s.5. 5ii3. 56s, 72o, 721 ; 
exposed situation of, Ss'i 3S3 ; union (if New- 
York towns with, 408, 417; peculiar situa- 
tion of, 412; condemnation of the resolves 
of December 5th, 1782, by, 478, 479, 481 ; 
power of, 495 ; gathering of the troops of, 
515; sentiments in, 588; land granted to 
the sutt'erers by, 542 — 547 ; admission into 
the Union of, 563 — 565; division line be- 
tween New York and, 561 ; criminal code 
of, 574-^580; Indians of, 585—592. 

Vermont Council, 314, 315. 59'>, 602, 682, 639, 
662, 674. 675, 698; determination of, 888; 
measures of, 346—349, 439, 44o. 46tl, 453, 475, 
476, 477, 478, 485, 491, 498, 500, 501, 602, 518, 
526, 527, 534, 572, 596 ; letter to, 731 ; re- 
quest to, 750. 

Vermont Council of Safety, 299, 626, 627. 

Vermonters. 801, 805. 322, 838, 884.836, 878, 
377, 415, 417, 427. 42S, 434, 4P.r>. 440, 44;3. 444, 
44s. 450, 452, 457, 459, 471, 474. 475, 476, 478, 
479, 4s0, 4sl. 4s 7, 4sO, 500. 505. 50 6. 5ils, 509, 
512, 513, 614, 516, 616, 517, 518, 519, 524, 528, 
529, 530, 638, 589, 645, 6s8 ; number of, 825 ; 
determination of, 338. 

Vermont, General Assembly of, 808. 809, 812; 
address to, 811 ; first session of, .314, 315, 639 ; 
acts of, 327, 328, 831, 332, 388, 886, 340, 341, 
344. 345, 846, 356. 402, 403, 408, 410, 411, 423, 
432, 433, 438, 439, 449, 450, 482, 49o, 491, 501, 
502, 525—528. 681, 533, 634. 53(i. 587, 589, 540. 
548, 551, .559, 561, 664, 567. 568.572-5S3, 627, 
687, 662, 687, 688, 703, 724, 754, 755 : grants 
by, 369. 870 ; petitions to, 419, 510, 513, 636, 
636,639,688; accusation against. 461 ; letter 
from, 483 ; resolutions of. 6<i6. 642, 704 ; com- 
missioners appointed by, 562: members o^ 
598, 602, 689, 642, 669, 675, 697, 698, 731; 
negotiations with, 709. 

Vermont's Appeal, a pamphlet, 596; extract 
from, 750. 

Vernon, disastrous affair at the meadow in, 
74—77 ; when chartered, 101, 102, 108 ; early 
settler of, 706. 

Wages and rations of soldiers, 88, 84, 89, 40, 61, 
71. 

Walpole, 633; patriotism of, 224: meeting at, 
401 ; Indian fight at, 74, 739—742 ; epitaph 
at, 742 ; militia of, 753. 

Wantastiquet river, sculptures on the bank of, 
588—692. 

Washington county (N. H.), 404. 

Washington county (N. Y.), 555. 

Washington county (Vt.), 6. 

Washington, town of, formerly the township 
of Kingsland, 161. 

Weathersficld, 311, 861, 420, 667; when char- 
tered, 119; grants in, 141; agreement sign- 
ed at, 248; committee of, 295; 885, 859; sen- 
timents in, 326, 756 ; sujiposed inscriptions 
at, 591, 592; census of, 745; militia of, 771, 
778. 

Wedding, a curious, 585. 

Wells river, fort at the month of, 19. 

Westchester county, 701, 702. 

Western Union, 403, 415, 418, 419, 421, 423, 466. 



INDEX OF SUBJECTS. 



781 



■West Palrlee, formerly a part of Fairlee, 120. 

Westminster, 811, 328, 386, 861, 875, 3T6, 897, 
403, 420, 428, 604, 605, 640, 662; terms of the 
grant of, 58 — 61 ; desertt-d, 63 ; charter re- 
newed, 93,94; iim at, 14S, 221 ; attempts to 
make it a county town, 179, 182 ; shire of, 
184, 815, 826 ; court liouse at, 185, 186, 192 ; 
roads to, 194 ; supervisors to meet at, 195 ; 
conventions at, 197, 198, 202, 204-208, 249, 
250, 254, 771 ; resolves of convention at, 199, 
200; massacre at, 209-241, 898, 409, 410, 
609, 685, 636, 639, 643, 645, 646, 673. 674, 678, 
679, 680, 695, 699, 706, 719, 720, 726. 730, 746 
—755; old meeting house at, 211— 214; first 
settled minister at, 211, 782 ; court to meet 
at, 217; hostile assemblage at, 218—221; 
militia gather at, 224, 225, 226; account of 
those killed at, 227—281 ; incidents con- 
nected vVith the massacre at, 232 — 235 ; re- 
sults of the massacre at, 236—241, 258; 
meeting of committees at. 248. 244, 641, 754 ; 
county congress at, 245, 246, 655 ; manifesto 
from, 251, 252 ; county committee of safety 
at, 257—263, 277, 294; convention establish- 
ing Vermont meets at, 283, 285, 292; com- 
mittee of, 'J95, 835, 359 ; Yorkers confined 
at, 839, 446, 455, 488, 519 ; trial of Yorkers 
at, 840-845. 849, 506, 509 ; letters written 
from, 345, 719 ; defences recommended at, 
854; General Assembly meet at, 869; a 
half-shire, 404 ; superior court held at, 411, 
446—452, 456, 520, 521, 595 ; militia of, 445, 
515, 772, 773; occurrences at, 478, 788, 734 ; 
examination at, 536; strange burial at, 583, 
634, 637: curious wedding at, 535; office 
holders from, 597, 593; list of the proprie- 
tors of, 739, 742, 748; census of, 746; senti- 
ments in, 756. 

West river, sculptures on the bank of, 538 — 
592 ; notice of, 670, 671. 

Whic, 216, 217, 218, 219, 220, 222. 223, 224, 227, 
23^, 233, 635, 658, 666, 679, 752, 753. 

Whipping post, punishment at the, 5S2, 538. 

White Plains, incidents at, 701, 702. 

Whiting, road through, 194; militia of, 846. 

Willard's hill, 61. 

Willham Henry, Fort, capture of, 85, 86. 

Williams's Garrison, 67. 

Wills, law regarding the probate of, 190. 



Wilmington, 453, 454; when chartered, 99; 
militia of, 515, 516; census of, 745; senti- 
ments in, 756. 

Windham county, 1, 4, 5, 403, 404, 429, 526, 708 ; 
office-holders in, 408, 409. 597, 640, 642, 675, 
696, 702, 709 ; court t.f, 415, 419, 438 ; pre- 
sentment to the grand jurors of, 426. 694; 
military brought into requisition in, 489, 440, 
482, 501, 628 ; condition <if, 461, 462, 479. 502, 
603, 525, 681, 635, 641, 597 ; delegate from, 
527; charge to the grand jurors of, 662 — 665; 
election in, 750. 

Windsor county, 1, 4, 5, 408, 404 ; court house 
for, 534 ; troops gather in, 551 ; officers of, 
602. 

Windsor, town of, 328, 408, 682,651,703,754; 
when chartered, 113, 114, 146; grants in, 
141 ; noted for its white pines, 146 ; mali- 
cious prosecution against citizens of, for cut- 
ting masting timber, 147 — 158 ; riotous 
behavior of the people of, 161 — 168; con- 
duct of people of, reprobated, 169 ; road to 
Chester from, 177; conventions at, 255, 267, 
268, 288, 772 ; convention at, disapproved of, 
296—297 ; constitution of Vermont adopted 
at, 297, 308 ; first ses.sion of General Assem- 
bly meet at, 309, 314, 316; General Assem- 
bly meet at, 844, :546, 564, 568 ; proclamation 
dated at, 348; a shire town, 404; condition 
of, 461, 462; statement prepared at, 530; 
court house at, 534 ;. disturbance at, 548-^ 
651, 725; fourth of July at, 713; census of, 
745; militia of, 771. 

AVoodstoek, 828 ; when chartered, 115; rioters 
from, 550; census of, 745; militia of, 771. 

Worship, right of, 569. 

Yale colleire, 14, 594, 708. 

Yorkers, 805, 322, 834, 386, 342, 343, 844, 346, 354, 
355, 357, 358, 359, 368, 369, 370, 371, 372, 373, 
375, 376, 379, 413, 421, 4--'4, 426, 432, 434, 4^5, 
439. 440, 444, 445. 446, 447, 449, 450, 451, 452, 
457, 468, 474, 475, 476, 477, 479, 481, 487, 600, 
501, 602, 503, 504, 505, 508, 5ii9, 510, 511, 513, 
515, 616, 617, 518, 619, 520, 621, 522, 525, 626, 
527, 528, 530, 531, 632, 534, 535, 566, 597, 633, 
68i 686, 687, 751, 756 ; number of, 825 ; de- 
termination of, 338 ; rage of, 339. 



INDEX OF PERSONS. 



Abbott, James, 126. 

Abeel, James, 8. 554, 565, 761. 

Adams, John, 662, 758 ; remark ot, 343. 

Adams. Simeon, 728. 

Adams, Thomas, 85, 86. 

Addarawanset, 7. 

Addington, Isaac, 736. 

Adgate, Matthew, 418, 524. 

Aiken, Edward, 2d., 257. 

Aiken, Solomon, 548. 

Albee, Jacob, 753. 

Albee, John, 75-3. 

Aldrich, Gen. Goorga, 69. 

Alexander, Aaron, first person born in Putney, 
69. 

Alexander, Ebenezer, 40, 42, 43, 102. 

Alexander. John. 78. 104, 743, 758, 772, 773; 
trial and fine of, 453. 

Alex-.inder, Jonathan, 773. 

Alexander, Jonathan 8., 759f 

Alexander, Joseph, 742. 

Alexander, Philip, 69, 95. 

Allen, Ebenezer, 562. 

Allen, Ethan, 22.5, 237, 243, 244, 316, 349, 851, 
353, 3.54, 449, 455, 456, 463. 519, 596, 684, 724, 
732, 754; extract from his writings, 102, 5a5 
anecdotes of. 221, 342, 343, 600, 629-631 
threats of, 88S ; leads the Vermonters against 
the Yorkers, 3.39 ; ideas entertained of, 340, 
462; a brigadier general, 346; ordered to 
quell an insurrection, 440; arrest by, 443 
444; his terrible proclamation, 445; his 
boasts, 451; conversation o^ 497; refuses to 
subscribe a test creed, 570; reward for, 607; 
marriage and children of, 631 ; letter from, 
729 

Allen', Heman, 254, 268, 269. 

Allen, Ira, 513, 562, 596 ; elected state treasurer, 
314; writs issued by, 339; letters from, 344, 
845 ; embassy of, 438 ; ordered to quell an in- 
surrection, 440 ; sent to make an arrest, 441 
— 448 ; agent, 539; a commissioner, 659 ; his 
advice, 626; extracts from his history of 
Vermont, 644. 724, 752; extracts from a 
pamphlet of, 750. 

Allen. Janie.s, 160. 

Allen, Joseph, Jr., 97. 

Allen, Josiah, 778. 

Allen, Newman, 87. 

Allen, Samuel. 96, 748. 

Allison, Col. William, 649. 

Alvord, Elijah, 206, 257. 

Alvord, John, 690. 

Ames, Lemuel, 753. 

Ames, Luther, 97. 

Amherst, Gen. Jeffrey, 89, 91, 92. 

Amsden, Thomas, 230. 



Amy, Micah, 120. 

Anderson, Samuel, 194. 

Andrews, Rev. E. D., 70, 95, 96. 

Andrews, Edmond, 788. 

Andrews, John 738. 

Andros, Mr., 63. 

Andros or Andross, Bildad, 16-3, 223; stata- 

ment of, 747 ; a justice, 765. 
Andross, Nathaniel, 40. 
Apthorpe, Charles Ward, 828. 
Archer, Benjamin, 654. 
Arms, John, '104, 725, 743; sheriff, 151, 152, 154, 

766 ; poet, 234 ; office held by, 764, 765. 
Arms, John, Jr., 743. 
Arms, Josiah, inn-keeper, 413, 452; scene at 

the inn of, 510, 511 ; troops assemble at the 

inn of, 515, 519 : petition of, 562, 
Arms, Phineas, 73. 
Armstrong, Hezekiah, a captain, 519. 
Arnold, Jonathan, 562 ; letter of, 723. 
Ash, Capt., m. 
Ashcraft, Danial, 424, 505, 773; account of, 510; 

grant of lands to, 545, 759. 
Ashley, Benjamin, wife of. 678. 
Ashley, John, 692. 
Ashley, Joseph, 739, 743. 
Ashley, Samuel, 118, 739, 743. 
Aspiambeiet, 7. 
Atherton, Joseph, 7. 
Atkinson, Col. Theodore, 107, 743. 
Atlee, Samuel J., deputed to visit the " Grants," 

350; hisinterview with Chittenden, 856; re- 
port of. 358, 859. 
Austin. Samuel, robbed, 616, 616; certificate 

of, 621 ; petition of, 622. 
Averill, Anna, first child born in Westminster, 

61. 
Averill, Asa, 61, 68, 753 ; curious wedding of, 

6S6. 
Averill, John, 61, 69, 98, 280, 789, 753, 772. 
Averill, Thomas, 753 

Avery, Mr. , a prisoner, 887. 

Avery, Abraham, 505, 759 ; trial of, 520. 

Avery, Nathan, 426, 757. 

Avery, Oliver, 38. 

Avery, Samuel, 460, 565, 761 ; agent, 420. 

Ayres, Capt. John, his exploits, 618, 622. 

Babcock, Amos, 123. 

Bacon, Goold, 760. 

Bainbridge, Com. William, 546, 547. 

Baker, Benjamin, 426, 759 ; deposition of; 414. 

Baker, Edward, 19. 

Baker, .James, 86. 

Baker, Remember, reward for, 607. 

Baker, Robert, 35. 

Baker, Thomas, 316, 758, 760, 778 ; arrest of, 



78i 



ENDEX OF PERSONS. 



444 ; trial and fine of, 452, 453 ; deposition 
of, 459. 

Baldridge, John, 109. 

Baldwin, Mr. , 120. 

Baldwin, Cyrus, liis liouse and shop entered, 
618. 614. 615, 616 ; his stolen property disco- 
vered, 617, 61S. 

Baldwin family, 116. 

Balfour, t'apt. , an aide-de-camp, 617. 

Ball, Shadrach, a letter carrier, 721. 

Ball, Solomon, a letter carrier, 721. 

B.allow, Benjamin, 758. 

Baucker, Flores, 362. 

Banister. Timothy, 429. 

Baiiyar. Goldsbrow, 565, 604, 724, 761 ; execu- 
tor, 626. 

Banyar, William, 761. 

Barber. Mr. , 12. 

Bard, John, 565, 762. 

Bard, Samuel, 761. 

Barnard, Francis, 99. 

Barnard, John, 66. 

Barnard. Samuel, 670. 

Barnes, John, 772, 

Barney, John, 111. 

Barnev, Jonathan, 60, 738, 

Barnev. Joseph, 60, 788. 

Barns, Thomas, 248. 

Barret, Levi, 97. 

Bariett, John, 245, 771 ; his shop robbed, 
615. 

Bartholomew, Timothy, 823. 

Bartlett, Aaron, 163. 

Bates, Jabez, 758. 

Baum, Lieut.-C'ol. , orders to, 303. 

Bayley, Ephraim, a coroner, 770. 

Bayley, Frye, 126. 

Bavlev. Gen. Jacob, 125, 126, 135, 255, 285, 286, 
287, 258, 289, 291, 315, 412, 666, 668 ; letters 
of, 124, 279, 288, 299, 302 ; assigned of the 
quorum, 134 ; chosen a delegate, 247, 770 ; 
a brigadier-general, 266, 772 ; ordered to 
inarch, 299 ; a patriot, 404, 405 ; offices held 
by, 765, 768, 769. 

Bayley, Joshua, 815. 

Beamont, John. 36. 

Becklev. Kev. Hosea, 714 ; extract from his 
Historv of Vermont, 752. 

Bedel. Col. J , 2S6, 289. 

Beecliman, James, 761. 

Beeman. John, 86. 

Belcher, Gov. Jonathan, 24, 807, 736. 

Belden, Joab, 429. 

Beldins. Aaron, 52. 

Belknap. Simeon, 385. 

Bellows. Maj. , 87. 

Bellows. Col. Benjamin. 68, 74, 93, 101, 229 ; a 
justice. 173 ; patriotic and discreet, 224, 225; 
letters to, 345, 647 ; bravery of, 739, 742 ; 
offices held by, 764, 765. 

Bellows, Kev. Henry, D.D , extract from his 
writings. 740—742. 

Bellows. Mary, a widow, 627. 

Bemus. Edmund, 757. 

Benedict, Mr. , escape of, 387. 

Benedict, Elisha, 243 ; a captain, 641. 

Benjamin, John, 163, 168, 411 ; sheriff, 315 ; 
defamation of 331. 

Bennet, Nathaniel, his trial, 411. 

Ben.son, Egbert, 553 ; a commissioner, 559. 

Bentley, Samuel, 120. 

Benton. Mrs. , 385. 

Benton. Eldad, 772. 

Benton, N.athaniel, Jr., 760. 

Bickford, William, 43. 

Bicknal. Amos, 543. 

Bigolow. Joel, 101, 425, 758; levy on a cow of, 
426 ; an adjutant, 431 ; visits Gov. Clinton, 
456. 457, 458 ; deposition of, 466 ; office held 
by, 768. 778. 

Bigelow, Jonathan, 111. 

Blgelow, Josiah, 878, 425, 426 ; trial of, 379. 



Bigelow or Biglow, Jotham. 426, 505, 510, 759 ; 
petition of, 507 ; letter of, 588. 

Bigelow or Biglow, William, 111 ; petition of, 
51)7. 

Billings, James, 49. 

Billings, John, maltreatment of, 429, 430. 

Bills, Lieut. . 49 

Bisbee, Abner, 118, 119, 771, 773. 

Bisbee, John, 773. 

Bishop, Eleazer, Jr., 550. 

Bishop, Sylvester, a sergeant, 516. 

Bixby, Samuel, 425, 426, 523. 524, 758, 760 ; jus- 
tice, 431, 765 ; letters of, 459, 530, 538 ; exa- 
mination of 536. 

Blake, Edward. 738. 

Blake, Elijah, 96. 

Blakeslee or Blakslee, James, 292, 311, 773 • 
trial of, 34:3, 844. 

Blanchard, Joseph, 106, 108 ; deposition o£ 
129, 131. 

Blanchard, William, 43 ; captivity of; 44. 

Blasquet, Charles, 613. 

Blood, Peter, 96. 

Bodurtha, Thomas, 19. 

BoUan, William, 79. 

Bolton, John, a wire-puller, 719 ; a justice^ 
765. 

Bourne, Shearjashub, 661. 

Bowdoin. Gov. James, 709. 

Bowen, Samuel, 66. 

Bowles, Catharine, 761. 

Bowles, John, 565, 761. 

Bowne, Kobert, 761. 

Boydeu, Maj. Josiah, 208, 506, 509, 510, 515, 
772 ; wounded, 511 ; letter to, 688. 

Brackett, Joshua, a judge, 622. 

Braddocfc. Gen. Edward, 70. 

Bradley, Moses, 594. 

Bradley, Stephen, notice of, 594. 

Bradley. Stephen Row, 376, 411, 444, 449, 451, 
477, 478, 5u4, 506, 562, 628, 687 ; an attorney, 
842, 343 ; proclamation prepared by, 346— 
34S ; appointed to visit the Yorkers, 375 ; 
letter of. 509 ; at Guilford, 515, 517 ; propo- 
sition of 527 uan agent, 539 ; a commis- 
sioner, 559 ; biography of 593—601 ; incident 
at his house, 630, 631 ; extract from his Ver- 
mont's Appeal, 750. 

Bradley, William, notice of 598, 594. 

Bradley, Hon. William C, letters of 585, 633 ; 
notice of 601 ; advocates the French monu- 
ment bill, 755. 

Bradstreet, LieuL Dudley, commands Fort 
Dammer, 37. 

Bradstreet, Rev. Dudley, 37, 33. 

Brakkeo, Pompey. a negro, a suit for, the first 
tried in Vermont, 831 ; reference to, 781 

Brattle, William, 14, 80, 104, 106, 107, 736. 

Brewerton, George, Jr.. 8. 

Bridgen, Thomas B.. 761. 

Bridgman. John, 257, 261, 410 ; language of, 
413 ; a justice, 438, 765 ; made prisoner, 475, 
476 ; petition of 507. 

Bridgman, Orlando, 26, 317, 507, 758. 

Bridgman, Thomas, offices held by, 764, 765. 

Briggs, Peter, 378 ; trial of, 379. 

Brigham, Oliver, 97. 

Brigham. Paul. 662 ; notice of, 602. 

Brink, Alexander, 771. 

Britt, Capt. , 45. 

Broad, Hezekiah, 426, 505, 510, 759 ; fined, 462 ; 
search for, 508, 509. 

Brown, Mr. , 211 ; CoL , 405. 

Brown, Briant. 551. 

Brown. Jonathan, a prisoner, 385. 

Brown. Josiah. 739, 743. 

Browning, Thomas, 755. 

Brownson. Gideon, a commissioner, 829. 

Brownson, Timothv, 562. 

Brush, Crean, 226, '245, 328, 645, 678, 726, 744; 
his removal to Westminster, 183 ; visits 
New York, 184 ; his measures for the benefit 



INDEX OF PERSONS. 



785 



of Cumberland county, 185, 186 ; elected to 

the General Assembly of New York, 188. 

189, 719, 76T ; sentiments towards, 202, 204 

information of, 236 ; proposition of, 238 

daugliter of, 565; biography of, 603-638 

estiile of, 724 ; offices held by, 768, 765, 766. 
Brush, Elizabeth Martha, 604, 626 ; account o^ 

632, 683. Ses Normwn, Thomas. 
Brush, John, 626. 
Brush. Richard, 626. 
Bryant, Joseph, 14, 107, 108. 
Buchanan, Frances, 626 ; her marriage to 

Ethan Allen, 629—681. 
Buck, Daniel, 562. 
Buckingham, Joseph T., 714. 
Buckniinster, Capt. Thomas, 52. 
Bullen. Rev. Joseph, anecdote of, 782, 733. 
Bullock, Israel, 426, 473. 
Bullock, Shubael, 426, 527, 757; fined, 450, 

521. 
Bullock, William, 206. 
Burgoyne, Gen. John, 567 ; advance of his 

forces, 302, 308 ; instructions of, 308 ; defeat 

of. 641. 
Burk or Burke, Capt. Jesse, 408, 753; orders 

to, 359 ; sheriff, 766. 
Burk, Capt. John, 730 ; seizure of, 85 ; a 

ranger, 706. 
Burk, Jonathan, 206, 257, 765. 
Burk or Burke, Capt. Silas, 230, 515, 517, 753. 
Burke, Simeon, 763. 
Burlingame, Israel, 257, 771. 
Burnham, Abigail, 690. 
Burnhani, John, Jr., 326. 
Burr, Peter, 736. 
Burr, Thaddeus, letters of, 648, 649. 

Burroughs, Mr. , 3S5. 

Burrows, Jarvis F., 755. 

Burrows, John, 758. 

Burt, Capt. Benjamin, 285, 245, 410, 755; a 

quarter-master, 515. 
Burt, David, 690. 
Burt, Ebenezer, 248. 
Burt, John, 12. 
Burt, Jonathan, 206. 
Burton, Asa, 113. 
Burton, Jacob, 118. 
Butler, John, 96, 208. 
Butler, Valentine, 742. 

Butterfield, Capt. , 286. 

Butterfield, Benjamin, 208, 228, 232, 811 ; im- 
prisoned, 236 ; trial of 343, 844 ; deposition 
of, 380 ; petition of, 552 ; statement of, 746, 

747 ; offices held by, 764, 765. 
Butterfield, Benjamin, Jr., 232. 
Button, Charles, 880. 
Button, Elias, death of, 885. 

Cady, Elijah, 743. 
Calkins. Simon, 758. 

Campbell, Dr. , 96. 

Campbell, Archibald, 761. 

Capen, Abijah, 550. 

Carey, Richard, 761. 

Carleton, Gen. Guy, 275. 

Carlisle, David, 712. 713. 

Carpenter, Amo.s, 61. 

Carpenter, Asaph, 426, 758 ; fined, 450, 521 ; 

his fine remitted. 527. 
Carpenter, Col. Beniamin, 254, 255, 815, 475, 

771, 772 ; seizure of, 505, 520. 
Carpenter, Cyril, 505, 757; his trial, 520; his 

fine remitted, 527. 
Carpenter, Edward, 426. 757 ; fined, 450, 621 ; 

petition of, 507 ; his fine remitted, 527. 
Carpenter, Ira, 110. 
Carpenter, Mary, 608. 
Carpenter, Nathaniel, 426, 506, 769 ; leads an 

attack, 510 ; letter from, 530. « 

Carroll, Daniel, 722. 
Caryl, John, 751. 
Caswell, John, 736. 



Caswell, Nathaniel, 788. 
Chadbourn, Benjamin, 621. 

Chalfee, Mr. , escajte of, 888. 

Chaflee, Atherton, 61, 175, 753. 

Chamberlain, Abiel, 135. 

Chamberlain, Amos, 772. 

Chamberlain, Isaac, 69. 

Chamberlain, Jacob Bayley, first male born in 

Newbury, 125. 
Chamberlain, John, 116, 789, 743. 
Chamberlain, Joseph, 527, 758 ; resistance of, 

489 ; trial of, 449 ; fined, 521. 
Chamberlain, Nathaniel, 19. 
Chamberlain, Richard, 125, 
Chamberlain, Susannah, the first person born 

in Thetford, 116. 
Chamberlain, Thomas, 69, 125, 769. 
Champlain, Samuel, 6, 7. 
Chandler, Charles, 96. 
Chandler, Henry, 49. 

Chandler, John, 109, 110, 148, 166, 257, 258, 683, 
634, 654, 656 ; county clerk, 604 ; notice of, 
688 ; offices held by, 763, 7M, 765. 
Chandler, Nathaniel, arrest of, 509. 
Chandler, Col. Thomas, 109, 143, 223, 688, 652 ; 
petitions of, 182, 180, 181 ; assigned of the 
quorum, 184; receives a colonelcy, 135; is 
threatened while holding a court at Wind- 
sor, 164, 165 ; promi.ses to build a court- 
house and jail, 178; jail of, 174, 175; court- 
house of, lt6 ; letters of, 177—179, 188, 677, 
725 ; is blamed, 181, 182 ; moderator of a 
patriotic meeting, 197, 198; expostulations 
with, 217', 218 ; his attempts at pacification, 
220; imprisoned, 235, 583, 637; chosen to 
prepare a memorial, 279 ; act for the relief 
of, 583, 637 ; singular burial of, 583, 584, 637; 
commissioner, 628; biography of, 633 — 637 ; 
statement of, 746, 747 ;" patronage of, 758 : 
offices held by, 763, 764, 765, 766. " 
Chandler, Thomas, Jr., 109, 175, 177, 684. 654, 
656 ; examination by, 173 ; advice of, 235 ; a 
commissioner, 328; side judge, 340; notice 
of, 638, 639 ; libel on, 780-782 ; offices held 
by, 764, 765. 
Chandler, Thomas Chester, the first person 

born in Chester, 109, 684. 
Chandler, William, 671. 
Charles I., print of the trial of, 689. 
Charles II. grants the province of New York 
to his brother James, 128, 146. 

Chase, Dr. ■ , 747. 

Chase, Benjamin, 426. 
Chase, Dean, 426, 757. 
Chase, Hon. Dudley, 186. 
Chase, Paul, 111. 

Chase, Stephen, 426 ; trial of, 450. 
Chauncey, Israel, 7. 
Chauncey, Josiah, 120. 
Chipman, Daniel, 656, 567. 
Chipman, Lemuel, 662. 

Chipman, Hon. Nathaniel, 564, 687 ; side I'udgo, 
548 ; letters of, 555, 556 ; letters to, 556, 557; 
commissioner, 559, 568 : able address of, 562, 
568 ; observations of, 704. 
Chittenden, Gov. Thomas, 299, 815, 875, 488. 
440, 453, 461, 470, 471, 478, 474, 476, 478, 485, 
4sS, 491, 496, 497, 500, 506, 526, 531, 532, 558, 
596, 602, 708, 754; elected governor, 314; 
his orders, 339 ; proclamation of, 847, 848 : 
drafts men, 856, 372, 378 ; interview between 
a committee of Congress and, 357 — 359 ; let- 
ters of, 862, 363, 881^ 477, 481—483, 507, 508, 
6S8 ; petition to, 409, 410 ; recommendation 
to,. 489 ; remarks of, 484, 535 ; requested to 
issue a proclamation, 502; address of, 547; 
president of convention, 562; memoir of, 
567. 
Church, Capt. Benjamin, 8. 
Church, Bethuel, a iustice, 431, 765. 
Church, Eleazer, 453, 505, 759 ; arrest of, 509. 
Church, John, 626, 627, 765. 



50 



786 



INDEX OF PERSONS. 



Church, Jonathan, 758, 773; depositions of, 
880, 414 ; resistance of, 489 ; trial of, 449. 

Church, Joseph, 878. 

Church, Malachi, 194 ; a courier, 226. 

Church, Nathaniel, 718. 

Church, Oliver, a courier, 226, 286; deposition 
of, 282, 233, 746. 

Church, Keuben, 758, 773. 

Church, Richard, 510. 

Church, Richard B., 759. 

Church, Col. Timothy, 426. 478, 482, 521 ; trial 
of, 843, 844, 446, 447, 772, 778 ; communication 
of, 380 ; his opinion, 413 ; letters to, 414, 482, 
486, 469, 498—500 : a militia officer, 481 ; judg- 
ment against, 438, 448. 460, 684; rescue of, 
439, 449 ; his arrest, 445, 474 — 177 ; resolve 
of Cons^ress touching, 470 ; a prisoner, 478 ; 
account of his imprisonment, 488 — 492, 495, 
496. 498; petition of, 507, 541, 542; letters 
of, 514, 519, 580, 588 ; lands granted to, 548— 
547, 552, 757, 758, 759, 760. 

Clap, Eliphaz, 97. 

Clap. Preserved, 7. 

Clapp, Thomas, 783. 

Clark and Ni£;htingale, 659. 

Clark, Asa, 768. 

Clark, Ebenezer, 761. 

Clark, Elijah, 759. 

Clark, ReV. John. 662. 

Clark, Joseph, 121. 

Clark, Josiah, 550. 

Clark, Nathan, 283. 

Clark, Samuel. 758. 

Clark, Seth, 757 ; arrest of; 508. 

Clark, Thomas, 316, 761. 

Clark, William, 7, 786. 

Clark, William, Jr., 7. 

Clarke, Rev. Dr. , the wife of, 626. 

Clarke, Lieut.-Gov. George, 195. 

Clay, Ephraim, 772; trial" of, 848, 844. 

Clav, Hon. Henry, reference to, 601. 

Clay, James, 245, 24S, 257, 267, 269, 276, 287, 
' 805, 401, 756; letter signed by, 260, 261 ; let- 
ter of, 288, 289 : a commissioner, 289, 431, 684, 
V68; report of, 294—296; imprisoned, 299; 
agent, 306, 809 ; opposes the laws of Ver- 
mont, 834 ; trial of, 343, 844 ; offices held by, 
763, 764, 765, 766. 

Clay, James, Jr., 773 ; trial of, 843, 844. 

Clesson, Matthew, 88, 690. 

Clinton, Gov. George, 160, 325, 418, 445, 447, 
451, 450, 462, 465, 466, 479, 482, 483, 487, 497, 
511, 534, 607, 608, 684, 686, 756 ; elected gov- 
ernor, 305 ; proclamation, of, 309, 310 ; letters 
to, 814, 818, 319, 820, 322, 828, 830, 831, 835, 
336, 340, 350, 853—856, 360, 361, 870, 371, 373, 
874, 381, 411, 421, 427, 4:^0, 434, 459, 467, 468, 
480, 486, 4S9, 490, 495, 496, 514, 519, 529, 530, 
588, 539, 545, 546, 682, 683. 685, 702 ; letters 
from, 321, 322, 323, 324, 883, 336, 337, 338, 849- 
853, 377, 878, 879, 380, 881, 414, 417, 422, 423, 
424, 431, 432, 434, 436, 487, 4^7, 458, 459, 460, 
463, 464, 469. 471, 472—474, 478, 479, 480, 481, 
498—500, 676, 723 ; message of, 362 ; petitions 
to, 435, 4S6, 552 ; a correspondent of, 700. 

Clinton, Gen. James, orders by, 333 ; letter of, 
334 

Cobb, David, 738. 

Cobb, Ebenezer, 738. 

Cobb, Morgan, 738. 

Cobb, Morgan, 2d, 738, 739. 

Cobb, Simeon, 739. 

Coekburne, William, 565, 761. 

Cockran, Robert, 225, 226, 236, 658, 659. 

Coe, Benjamin, 524. 

Coffin, Capt, John, 771 ; his hospitality, 121. 

Colby, Jonathan, 77. 

Colden, Lieut. Gov. Cadwalladgr, 100, 118,141, 
155, 156, 160, 171, 604, 009, &U, 701, 706, 749' 
752; memorial to, 122; proclamations of, 
129, 130, 145 ; petitions to, 131, 132, 133, 207 ; 
his opinion, concerning masting trees, 143, 



144; special message of, 236, 237; his dis- 
patches, 233, 239, 746; heirs of, 565, 761. 

Cole, Daniel, 510. 

Colefax, Samson, 85, 86. 

Colefax, Samuel, 759. 

Coleman, Mr. , 18. 

Coleman, Joseph. 453, 757. 

Collas, George, 659. 

CoUamer, Hon. Jacob, 755. 

Collins, John, 735, 758. 

Comins, Francis, 759. 

Comins, James, 759 ; James, Jr., 758. 

Conneighau, 24. 

Cooke, Capt. Oliver, 418, 772. r" 

Coolidge, Gov. Carlos, 755. ' 

Cooper, Anson, 82. 

Cooper, Joshua, 82. 

Cooper, Moses, 40. 

Cooper, E obert, 82 ; wounded by the Indians, 
50. 

Cooper, Dea. Thomas, 113. 

Cooper, William, 771. 

Copley, Elizabeth, 689, 690. 

Cornwallis, Lord Charles, 406. 

Cosaump, 17. 

Coss or Cross, James, his journal of an expe- 
dition, 21, 22, 28. 

Cos, Benjamin, a captain, 383. 

Crawford, .Tames, 227. 

Crawford, Hon. Theophilus, 96; notice of, 827; 
testimony of, 2;33 ; at Guilford, 618. 

Crisson, Thomas, 50. 

Cromwell, Oliver, 598, 594, 689. 

Crook, Andrew, 753. 

Crook, Robert, 753. 

Crook, William, 628, 753, 772. 

Crosby, Isaac, 503, 758, 773. 

Grossman, Benjamin, 788. 

Grossman, .John, 738. 

Crowfoot, John, 15. 

Cruger, Henry, 157, 761. 

Cruikshank, Alexander, 761. 

Cudworth, Samuel, 758. 

Culver, David, 759. 

Culver, Nathan, 75S. 

Cummings, Mr. , 8.34. 

Cummings, Francis, trial of, 343, 344. 

Cummings, Jacob, 113. 

Cummings, James, 95, 96 ; trial of, 843, 844 

Cummings, Jonathan, 739, 743. 

Cummings, Samuel, 739, 748. 

Cunningham, Mr. , 286. 

Cunningham, David, 618. 

Currie, Archibald, 761. 

Curtenius, Peter T., 268, 264, 266. 

Curtis, Ebenezer, 16.3, 16S. 257, 328, 771. 

Curtis, Elias, capture of, 888 ; adventures of the 
wife of, 392, 393. 

Curtis, Elijah, 627, 759; trial of, 520. 

Curtis, Capt. Israel, 113; his rough conduct, . 
148 ; letter by, 163 ; threatens the court, 
164, 165; office held by, 765. 

Curtis, Samuel, 510, 758. 

Gushing, Miss , 604 

Gushing, Mr. , 621. 

Gushing, Daniel, 773. 

Gushing, Job, 100. 

Gushing, Noah, trial of, 343, 344. 

Cutbeth, Benoni. 435, 436, 773. 

Cutler, Dorcas, 726. 

Cutler, Thomas, 111, 314, 401, 463. 

Daley, David, 753. 
Dalhousie, Earl of, 705. 
Dan Bill, his services, 531. 
Dana, Francis, 709. 
Dana, Isaac, 107, 114. 
Dana, John Winchester, 206, 257, 766. 
Danforth, Samuel, 550. 
Darby, Samuel, 738. 

Dart, Capt. , quells a riot, 549; his con- 
duct applauded, 550, 551. 



11 



INDEX OF PERSONS. 



787 



Dartmouth, Lord, 238,289; dispatches to, T46. 

Dashwood, Capt. Samuel, hia store robbed, 
615, 616 ; petition of, 622. 

Dater, Joseph, deposition of, 414. 

Davenport, Aldington, 786. 

Davenport, Charles, 208 ; retort of, 220. 

Davis Xathaniel, 280. 

Davison or Davidson, James, 505; deposition 
of, 5-J9 ; grant of lands to, 545, 75T. 

Day, Dr. Elkanah, 245, 25T, 261, 401, 605, T47; 
trial of, 843, 344 ; representative in the New 
York Assemblv, 861, 367, 368, 768 ; an adiu- 
tant, 444; sherilf, 460, 49.3, 494, 495; at Guil- 
ford, 517; notice of, 640; a senator, 768; a 
major, 773. 

Dean, Ebenezer, 788. 

Dean, Ephraim, 738, 789, 743. 

Dean, Ezra, 788. 

Dean, Kachel, 158. 

Dean, Silas, letter to, 729. 

Dean, Willard, 146, 175 ; arrested for cutting 
masting timber, 147; journey of, to New 
York, 14S— 154 : his tri'al, 155—158. 

Dean, Capt. William, applies for permission to 
cut timber, 146, 147; is informed of the ar- 
rest of his sons, 154; is arrested and tried, 
155— 15S; petition of, 181, 182. 

Dean, William, Jr., 146 ; arrested for cutting 
masting timber, 147; receives rough treat- 
ment, 148 ; journey to New York, 149 — 154 ; 
trial of, 155—158. 

Debeline, Monsieur, 88. 

De Lancey, James, his motion, 608. 

De Lancey, John, 761. 

De Lancey, Oliver, 182, 189. 

Dennie, Joseph, 712. 

Dennison, Joseph, 659. 

Dennison, Samuel, 511. 

De Noyellis, John, 182, 606. 

Dewey, Noah, 120. 

De Witt, Charles, 182, 286, 418; representa- 
tion of, 535. 

De Witt, Simeon, 759 ; a commissioner, 558, 
559. 

Dexter, Joseph, 426. 

Dickenson, Obadiah, 761. 

Dickinson, Samuel, 9. 

Dieskau, Baron, 78. 

Divel, Manassab, 742. 

Dodd, John. 42. 

Donaldson, Daniel, 778. 

Doolittle, Ephraim, 100. 

Doubleday, Nathaniel, 230. 

Douglass, Asa. 748. 

Douglass, Joseph, 116, 773. 

Douglass, Samuel, 116. 

Douw, Volkert P., 542. 

Downing, John, 743. 

Drake, Joseph, 78S. 

Duane, James, 271, 275, 286, 463, 524, 649 
proctor, 154; defends the Deans, 155, 156 
defends Col. S. Wells, 157; letter to, 434 
letters of, 468, 686, 686 ; instructions pre- 
pared by, 522, 523 ; heirs of, 565, 761 ; docu- 
ment prepared by, 606. 

Dudley, Gov. Joseph, 735,736. 

Dudley, Paul, 786. 

Dudlev, Col. William, 786. 

Duer, William, 271. 

Dummer, Jeremiah. 786. 

Dummer, Lieut.-Gov. William, 14, 15, 16, 106, 
108, 786. 

Dunriin, Capt. , 444. 

Dunkley, Jonathan, 757; assault by, 508; ar- 
rest of, 504. 

Dunmore, John. Earl of, governor, 94, 725; 
letters to, 175, 177-179; petitions to, 176, 178, 
180, 187. 

Dunscombe. Daniel, 264. 

Durkee, Adam, a prisoner, 388 : death of, 391. 

Durkee, Andrew, a prisoner, 388. 

Durkee, Capt. Bartholomew, 411. 



Duycking. Gerardus. Jr., 761. 
Dwight, Eev. Daniel, chaplain at Port Dum- 
mer, 18. 
Dwight, Gen. Joseph, 37, 51. 
Dwight, Josiah, 692. 
Dwight, Seth, 89. 

Dwight, Timothy, 15, 16, 17, 19, 97, 671. 
Dwight. Eev. Dr. Timothy, his travels, 692. 
Dyer, Ebenezer, 100. 
Dyer, Eliphalet, letter to, 729 

Earl, George, 280. 257, 771. 

Earl, Newell, or Earll, Newhall, 415, 605, 757. 

EarL Samuel, 759. 

Earll, Nathan, 185. 

Eastman, Amos, runs the gauntlet, 44 ; taken 
prisoner, 62. 

Easton, Bildad, 202, 235 ; trial of, 848, 344. 

Eaton, Gov. Theophilus, 594. 

Eddy, Joseph, 60, 738. 

Edgehill, John, captured by the Indians, 50. 

Edward VL, 689. 

Edwards, Elijah, 816. 

Edwards, Simoon, 868, 426 ; agreement of, 
475, 476 : a sheriff, 766. 

Edwards, Timothy. 850. 

Eliot, Elizabeth, 683. 

Eliot, Joseph, examination of, 586. 

Elkins, Dea. Jonathan, attack on his house, 
405. 

Elkins, Col. Jonathan, 412 ; a prisoner, 405 ; 
his adventures, 406. 

Elkins, Moses, captured and released, 405, 406. 

Elliott, Joseph, 317, 759, 778. 

Ellis, Caleb, 759. 

Ellis, Matthew, 758. 

Ellis, Eeuben, 59, 61. 

Ellis, Eichard, 59. 60, 61. 

Ellis, Thomas, 236. 

Ellsworth, Oliver, 350, 858. 

Elmer, Elijah, 317. 

Ely, Samuel, his character, 463 ; his trial and 
punishment, 454 ; notoriety of, 482. 

Emerson, Benjamin, 125. 

Emmons, Benjamin, 257, 315, 771. 

Emmons, Solomon, 114, 148, 163. 

Enos, Eoger. 375. 

Erwin, Elizabeth, 629. 

Etherington, George, 761. 

Etherington, Thomas, 761. 

Evans, Asa, 550. 

Evans, Ashur. 336, 773. 

Evans, Elzi, 550. 

Evans, Henry, 505, 509, 520, 521 ; his boldness, 
424—426 ; a militia officer, 431, 773 ; arrest of, 
444 ; his trial, 446, 447 ; his sentence, 448, 
460, 684 ; an agent. 462. 463 ; at Pouahkeep- 
sie,464; at Philadelphia, 465, 686 ; Resolve 
of Congress touching, 467, 470 ; returns 
home, 468. 469, 474 ; letters of 480, 481, 514, 
619 ; account of, 487.; petitions of, 507, 541, 
542 ; search for, 508 ; examination of, 536 ; 
lands granted to, 548—547, 757, 758. 

Evans, Uenry, Jr., 506 ; his trial, 520. 

Evans, Zera, 550. 

Ezerus, 17. 

Farmer, Daniel. 60. 

Farnsworth. David, 85, 86. 

Farnsworth, Ebenezer, taken captive. 64, 66. 

Farnsworth, Gen. Joseph, 510 ; remonstrates 

with the Yorkers, 511. 
Farnsworth, Oliver, 116. 
Farnsworth, Thomas, 511. 
Farquhar, James, 761. 
Farrar, John, 19. 

Farwell, Mr. , 229. 

Farwell, Benjamin, 739, 743. 

Fassett, John. 502. 

Fassett, John. Jr., side judge, 340, 840. 

Faukaquint, 17. 

Fay, Jonas, 2CS ; secretary of state, 84S ; ap- 



Y88 



INDEX OF PEKSONS 



pointed to yisit the Yorkers, 875 ; side 
judge, 446. 

Fay, l)r. Joseph, appeal to, 498. 

Fay, Nathan, a jailer. 526. 

Feuton, Jacob, 118. 

Ferrell, Simeon, 773 ; his trial and fine, 452, 
458. 

Field. Charles K., T55. 

Field. David, 110. 

Field. Ebenezer, 739, 743. 

Field. Israel. 759 : deposition o^ 414. 

Field, Reuben, 778. 

Fish. Nathan, 481, 765. 

Fisher, Amos. 754 

Fisher, Ebenezer, his arrest, 149, 150, 151, 152. 

Fisher, Ichabod. 113. 

Fi>her. Josiah, 34. 

Fisk, Experience, 510. 

Fisk, Josiah, a captain, 515. 

Fisk, Nathan, 62S ; examination before, 506, 
5o9 : expedient of, 584 

Fisk, Eufus, 511. 

Fisk, .Silvanus, mortally wounded at Guilford, 
518, 520, 694 ; proceedings concerning, 527, 
585, 536. 

Fitch. John, his conflict with the Indians, 51. 

Fitch. .Nathan, 424. 

Fitch. Peiatiah, 316 : letter of 319, 322 ; letter 
to, 8-23, 324 ; promise of, 325 ; oflices held 
by, 76;3. 764. 

Fitch, Peiatiah, Jr.. 773. 

Fitch. Thomas, 736. 

Flagg, Benjamin. 100. 

Fletcher, Gov. Benjamin, 192. 

Fletcher, Itobert, T89 

Fletcher, Robert. ■^T.. 743. 

Fletcher. Gen. Samuel. 206, 248. 257, 8-34, 478, 
501, 528, 597. 771 ; consultation of 88S; his 
force, 338. 339 ; orders of 359, 504 ; his bri- 
gade, 44-t, 451. 515 : requested to repair to 
Windham county, 581, 582: sheriff, 583; 
biogra|>hical sketch of, 640 — 643. 

Fletciier, Squire H.. 642. 

Flowers, Hira. 548. 

Floyd, Col. ■William. .524 ; letters to, 417, 478, 
4t9, 480. 728. 

Flynt, John, murder of, 74, 740. 

Fonda, Jellis .\., 761. 

Fonda, John D., letter of 496. 

Foot, George, a jailer, 446. 

Ford, Hiram, 755. 

Ford, Jacob, 524. 

Foster, Rev. A., 697. 

Foster, Josiah, 83. 

Foster, Submit, 748. 

Fowler, Abner, a instice. 769. 

Fox, Right Hon. Henry. Lord Holland, 141. 

Fox, Eight Hon. .Stfpiien, Earl of lUchester, 
140. 

Foxcroft, John, petition of 558. 

Frauklin, Dr. ISeiijamin, his kindness, 406 ; a 
Statesm;in. 567. 

Franklin, A\'alter. 100, 675. 

Freak, Thduias. 78.5. 

Freeman, Phinoas, declaration of, 479 ; depo- 
sition of 681. 

French, John, 123. 

French, Jonathan. 43 

French, Nathani. 1, 2nfi. 215, 227. 225. 

French, William. 706 ; srave of 214 : epitaph 
on. 215; inquest on the bodv of 22.5, 280, 
673 ; biographical notice of, 227—229 ; his 
burial. 230, 281 ; the proto-martyr, 240. 241 ; 
efforts to raise a monument to his memory, 
754 755. 

Frink, Thomas, conversation of, 478. 

Frisbee, Philip, 757. 758, 760; Philip, Jr., 760. 

Frisbee. Samuel. 760. 

Frost, John, 43. 

Fuller, Ebenezer, 257. 

Fuller, John, a captain, 515. 

Fuller, Jonathan, 753. 



Fuller, Joseph. 230. 

GafHeld, Benjamin, death of, 75 ; captivity of 
his family, 75, 77. 

Gage, Gen. Thomas, 114, 289, 609, 699, 749 ; 
commission from, 610 ; memorial to, 611, 
612 ; letter to, 720. 

Galbreath. John. 761. 

Gale Samuel, 208, 223, 226, 328, 718, 721 ; his 
loyalty. 219 ; imprisoned, 236 ; money paid 
to, 288: county clerk, 604; biographical 
sketch of 643—650 ; memorial of 6u8, 609 ; 
statement of, 747 ; reimbursed, 749 ; oflices 
held by. 768, 765. 

Gallup, Elisha, Jr., 550. 

Galusha, Gov. Jonas, 602. 

Gamling, Benjamin, 735. 

Gansevoort, Leonard, 286. 

Garcey, Joseph, 759. 

Gardner, Rev. Andrew, 735 ; chaplain at Fort 
Dummer, 40 ; preaches a sermon on a spe- 
cial occasion, 49 ; chyrurgeon, 50 ; preaches 
at the fort on the Great Meadow, 70. 

Gardner, Andrew. Jr., 742. 

Gary, Stephen, 738. 

Gates, Mr. , 233. 

Gates, Daniel, 203 ; a lieutenant, 516 

Gates, Gen. Horatio, 268, 275, 279. 

Gates, Shepard, 772, 778. 

Gates, Stephen, 511. 

Gault, John, 758. 

Gault, William, 759. 

Gay, Rev. Bunker, settled at Hinsdale, 102, 
103 ; epitaph by, 706, 707. 

Geer, Shubael, 123. 

Gear, William, 123. 

George II.. acts of 194 

George III., acts of 191, 192, 193, 194, 195, 
196 ; sentiments towards, 199, 201, 202, 208, 
21,5, 221. 225, 478. 

Getchel, David, 148, 168, 166, 167, 168. 

Gctchel, Jacob, 168. 

Gibbs, Giles, a prisoner, 385 ; death of, 890. 

Gibbs, John, 257. 

Gilbert, Cajit. , 387. 

Gilbert, Ezra, orders to, 651. 

Gilbert, Nathaniel, a prisoner, 887. 

Gilbert, Thomas, 121, 739, 771. 

Gile, Amos, 771. 

Gile, Moses, 206. 

GiU-s, William, 761. 

Gillett, Ebenezer, 112. 

Gillett, Roger, first child born at Hartford, 
112. 

Gilliland, William, a judge, 184; oflaces held 
by, 768, 765. 

Gllson, Capt. Michael, 36, 89, 306, 408, 739, T73; 
trial of, 343, 344 ; a justice, 431, 764, 765. 

Gilson, Susannah, 742. 

Gilson, Zachariah, 230. 

Goffe, Col. John. 91. 

Gold, Nathan, 736. 

Gongesjua, 7. 

Goodail, Thomas, 83. 

Goodell, Rev. , notice of 211, 605, 782. 

Goodenough, Artemas, 510, 757. 

Goodenough, David, 415, 426, 505, 757 ; his at- 
tachment to New York, 528 ; narrow escape 
of, 529. 

Goodenough, Ebenezer, 111. 

Goodenough, Ithamar, 510, 758. 

Goodenough, Levi, Jr., threatened, 368. 

Goodhue, .Joseph. 342 ; moderator, 696. 

Goodrich, John, 761. 

Goodrich, Hon. S. G., extract from his writ- 
ings, 601. 

Gooid, Seth, 753. 

Goold, William, 753. 

Gordon, Gen. , wounded, 888. 

Gore, John, 785. 

Gorton, Benjamin, 202; charged with homi 
cide, 280 ; Imprisoned, 286. 



INDEX OF PERSONS. 



'TSQ 



Gorton, Jonathan, 718. 

Gould, Jolin. 61. 

Gonl.l, Nathan, SS. 

G<nil(l. AVilliam, 61, 446. 

Gouldini;. John, 109. 

Graham, Dr. John Andrew, extracts froln his 

Deseriiitive Sketch <if Vermont, 601, 665, 

675, 676, 738, 784, 751. 752. 
Grandey, George W., 755. 
Grantcer, Zadock, 398; agreement of, 475, 476. 

Grant, I.ieut. , 90. 

Grant, Maj. , 617. 

Graves, Asahel, 49. 

Graves, Samuel, Jr., -(vounded by the Indiana, 

46,47. 
Gray, Capt. Samuel, 659. 
Groely, Samuel, 739, 74.3. 
Green, Ebenezer, 160. 
Greenleaf, Jeremiah, 111. 
Greenleaf, Stephen, 223. 724, 747, 764. 765. 
Greenleaf, Stephen, Jr., 842. 
Gri<ney, Samuel, 163. 
Gritfin", John, 292; a courier, 226; deposition 

of, 232, 746. 
Griffiths, John, 765. 
Grimes, John, 118. 
Griswold, John, 754. 
Griswold, Joseph, 761. 
Grout, Elijah, 208, 285; statement of, 651; 

notice of, 657. 
Grout, Hezekiah. 206. 
^^ Grout, Hilkiah. 306, 401, 684; captivity of his 

family, 75, 77; report of, 294—296; recom- 
mended as sheriff, 319 ; arrest and trial of, 

829 — 881; a justice and commissioner, 431 ; 

notice of, 65t; offices held by, 763, 764, 765, 

771. 
Gront, John, 175,198,199; an attorney, 14S ; 

his opinion on a law question. 149, 150; 

counsels the Deans. 151, 152, 153, 154; h.a- 

tred towards. 162, 168 ; is complained of, 165 ; 

is arrested by a mob, 166 — 16S; biography 

of, 650—658. 
Grout, Jonathan, 115, 124; notice of, 657, 658. 
Gunn, Samuel. 46. 
Gurlev, Israel, 257. 
Guthrie. Ephraim, 760. 
Guthrie, James, 761. 
Guthrie, William, 758, 760 ; William, Jr., 758, 

760. 

H.aile, Amos, 96. 

Haldimand, Gen. Fredeiick, 407: correspon- 
dence of, 881; parole from, 668; letter to, 
721. 

Hale, Benjamin, 550. 

Hale, David. 550. 

Hale, Hon. Harry, 14-8, 658. 

Hale. Samuel, a justice, 769. 

Hale, Silas, 550. 

Hall. Daniel. 1S6. 

Hall. Elihu. 120. 

Hall, Enoch, 120. 

Hall. Georire. 118, 119. 

Hall, Jeremiah. 113. 

Hall. Lot, 453; biography of, 658—666. 

Hamilton, Mr. . a guide, 388. 

Hamilton, Alexander. 469; argument of, 55.3, 
554; letters to, 555, 556; letters from, 556, 
557. 

Hammond, Jonathan, 113. 

Hancock, Gov. John, petition to, 254; letter 
to, 5.32; proclamation of. 533. 

Hancock, Joseph, a courier, 226, 286; deposi- 
tion of, 232, 283. 746. 

Hanson. John, 685. 

Hardiclay, .John, 77. 

Hardwav, 77. 

Harlow." Eleazer. 281. 

Harney, Jolm. 60, 788. 

Harney, Jonatlian, 60. 

Harper or Harpur, Kobert, 649; petition of, 



182; assigned of the quorum, 184; office 
held by, 765. 

Harris, Edward, 198, 206, 346, 772. 

Harris, Nathaniel, 111. 

Harrison, Richard, 558. 

Hart, Richard, a ship owner, 613, 622. 

Harvey, Dr. Solomon, 205, 206, 653, 750; town 
clerk of Dummerston, 200 ; his account of a 
disturbance at Dummerston, 201 — 208; his 
patriotism, 225. 

Haskell, Prince, capture of, 382, 388. 

Hatch, John, 815, 769. 

Hatch, Joseph, 772. 

Hathorn, John, 418. 

Haven, Ebenezer, 257, 516. 

Havens, Daniel, escape of, 884, 887 ; burning 
of the house of, 388. 

Havens, Robert, 116; his escape, 884 

Haviland, Col. , 92. 

Hawks, Col. Zadok, 77, 92. 

Hawley, Elisha, 113, 168, 168, 771, 772. 

Hawley, Rev. Gideon, notice of, 672, 673. 

Hawley, Joseph, 88, 692. 

Haynes, Abel, 96. 

Haynes, Rev. Asa, 111. 

Hayward, Daniel, 109. 

Hays, Rutherford, 757, 778; petition of, 507. 

Hazeltine, Jacob, 206. 

Hazeltine, Col. John, 101, 204, 205, 226, 236, 
244, 245, 248. 641, 648 ; chairman of patriotic 
meetings, 198, 200, 206 ; chosen a delegate, 
246, 247, 767 ; letter to, 654, 655. 

Hazeltine, Mary, punishment of; 582. 

Hazen, John, 125. 

Hazen, Gen. Moses. 412. 

Hazelton, Betsey, first person born in New- 
bury, 125. 

Hazleton, .John, 125, 126. 

Heath, ISIr. . 77. 

Heath. Gen. William, 281, 301. 

Ilendee. Mr. , courage of his wife, her ex- 
ploits and humanity, 388, 393—395. 

Henderson, Henry. 316. 

Henderson, John, 38. 

Hendrick Maqua, 16, 17. 

Henry, Benjamin, 401, 772. 

Henry, John, 87 ; wotmded by the Indians, 
50. 

Henry. Gov. Patrick, 661. 

Hensdale, John, 761. 

Heywood, .John, 42. 

Hide, Joshua. 95. 

Hildreth, Joseph, 257. 

Hill, John, at the siege of Boston, 613, 616 ; 
proceedings concerning, 621. 

Hill, Richard, imprisoned, 236 ; at the siege of 
Boston. 613. 

Hill. William, a constable, 816 ; a doctor, 229, 
747. 

Hills. James or Jeames, 739, 743. 

Hinkley, Mr. . 112. 

Hinsdell, Rev. Ebenezer, chaplain at Fort 
Dummer. 23 ; builds a fort, 27 ; under- 
corumissary, 38 ; letters of, 77, 78; his cha- 
racter, 101. 

Hinson, Capt. , 661. 

Hitchcock, Samuel, 662. 

Hix, Henry, his punishment, 808. 

Hobart, John Sloss, 764. 

Hobbs, Capt. Humphrey, 39, 40 ; his cele- 
brated conflict with the Indians, 45 — 49. 

Hodees, Henrv. 738. 

Hodtres, William, 2d, 738. 

Hotfman, Anthonv, 249. 

Hoisington, Ebenezer, 163, 257, 258. 

Hoisington, Ebenezer, Jr., 163. 

Hoisington, Col. Joab, 200, 246, 299, 728, 770, 
771 ; major of the raneors. 265, 640. 772 : his 
commission. 266 ; his conduct. 267. 263. 270, 
271. 279 ; report respecting, 274, 275 ; wages 
paid to, 282 ; death of, 286." 

Hoit, Lieut. , 49. 



790 



INDEX OF PERSONS. 



Holbrook, John. Jr., 583. 

Holbrook. Timothy, 582. 

Holden, Francis. 7o3. 

Holland. Lord, 141. 

Holland. Sarah. 675. 

Holt, John, '200. 753 ; extract from his gazette, 

748, 749. 
Holt, William, 111. 
Holton, Mrs. •, troops gather at her house, 

517, 518. 
Holton, Mrs. Bethiah, notica of, 665. 
Holton. Ebenezer, 109, 143. 
Homer, Mary, notice of. 662. 
Hooker, John, anecdote of, 234. 
Hopkins, Roswell, 353. 
Hopkins. William, 550. * 

Hopkinson, David, 120. 
Hopson, John, 551. 
Eorsmanden, Hon. Daniel, 168, 237. 

Horton, Lieut. . 383 ; his couduet, 394. 

Hosford fiimilv. 116. 

Hoskius, William, 738. 

Hosmer, Aaron, 64. 

Hosmer. John, 123. 

Housrh, Benjamin, petition o^ 607. 

Houghton, Aaron, 96. 

Houghton, Daniel, mortally wounded at the 

Westminster Massacre. 231. 
Houghton, Edward, 230 
Houghton, John, 194 ; petition of; 507. 
Houghton, -lonathan, 96. 
House. Coombs. 116. 
House. Col. John, commands a force, 889 ; 

pursues the Indians, 390 ; his conduct blam- 
ed and defended, 391, 892. 
House, Nathaniel. 121. 
How. Artemas, 75S, 773. 
How, Caleb, 26, 36, 743 ; wounded, 75 ; his 

death and epitaph, 76, 77. 
How, Daniel, 36. 50, 69, 70. 
How. David, 758. 
How, Hon. Ebenezer, Jr., 26. 
How or Howe. Mrs. Jemima, afterwards Mrs. 

Tute, her adventures, 75 ; her epitaph, 76, 

77 ; notice of, 706. 
How, Neiiemiah, 35. 36. 
Howard. Col. . a grantee of Hinsdale (now 

Vernon) and Guilford, 171, 172, 
Howard, Abner. 160. 
Howe, David, 503. 
Howe, Moses, 317. 
Howe. Eeuben, 120. 
Howe, Simeon, 120. 
Howe, Sir William, his conduct at the siege 

of Boston. 610-619 ; instructions of, 614, 615 ; 

memorial to. 620. 
Hubbard. Abel, 96. 
Hubbard. Hannah, 727. 
Hubbard. Jonathan. 739, 743. 
Hubbard. Joseph. 120, 748. 
Hulburt, John, 742. 

Hunt, Lieut. , 42. 

Hunt. Arad. 257 ; a courier, 226. 

Hunt. Elisha, 111. 

Hunt. Henry, letter of, 415. 

Hunt. John. 739, 742. 

Hunt. Jonathan, 7, 111, 401. 410, 562,565, 703, 

761 ; a messenger, 374. 375 : letter entrusted 

to, 377 ; high sheritf, 438, 446 ; resisted, 489 ; 

letter to, 460 ; petition of, 507. 
Hunt, Samuel, 102, 110, 114. 
Hunt, Simon, 742. 
Huntington, Samuel, 623. 
Hnrlburt, Josiah, 5.50. 
Hutchins, Benjamin, 95. 
Hutchius, Charles, 761. 
Hutchinson familv, 113. 
Hutchinson, Abijiih, 3S4. 
Hutchinson, Elisha, 736 ; Eev., anecdote of, 

699. 
Hutchinson, John, 3!>4: his house burned, 392. 
Uulchinsou, Thomas, 79, SO. 



Hyde, William, 628. 

Ide, Ichabod, 109. 753. 
Ide, Ichabod, Jr., 339. 
Ide, Israel, 753. 
Ide. Joseph, 839, 753. 
Illchester, Earl of, 140. 

Jackson. James, at the siege of Boston, 615, 
616, 622. 

Jackson, William, his conduct at the siege of 
Boston, 613^18 ; imprisoned, 619 ; exam- 
ined, 621, 622. 

Jacob, Stephen, 708 ; prompt conduct of, 548 ; 
wounded, 550 ; a commissioner, 559. 

Jauncey, James, an address by, 607, 60S. 

Jay, John, 271, 290, 862 ; letters to, 337, 888, 
849, 352, 853, 862, 868 ; letters from, 350, 865, 
856, 682. 

Jay, Joseph, trial of 348, 844. 

Jetferson, Thomas, 601 ; policy of, 59S, 599. 

Jenne, John, 550. 

Jethro, Peter, 7. 

Jewel, James or Jeames, 789, 742. 

Jewett or Jewet, Capt. Daniel, 96, 230, 834, 
772 ; conduct of, 695. 

Johnson, Aaron, 248. 

Johnson, Galek 1^9r 

Johnson, Captive, her birth, 64,. 591 ; stones 
commemorative of the birth of, 65, 66. 

Johnson, David. 586. 

Johnson, Edward, 109 ; an author, 669. 

Johnson, Isai.ah, 109. 

Johnson, James, and wife, adventures of, 64 — 
66, 68. 

John.son, Jesse, 125. 

Johnson, "Joel, ^ ; compelled to run the 
gauntlet, 44. 

Johnson, John, 669. 

Johueon, Mp.sgs. 95. 96, 586 : conduct of, 695. 

Johnson, Col. Thomas, 1^ 5S6; notice of,'J04; 
taken prisoner, 405 ; Bis adventures in cap- 
tivity, 406—408 ; biographv of, M6-^69. 

Johnson, William, g^ : Sir, 78. 

Johnston, Dillington, 772. 

Johnston, John, 761. 

Jones, Benjamin, Jr., 356. 

Jones, Daniel, petition of, 132; justice of 
peace, 146 ; deputy surveyor, 149 ; his con- 
duct, 150, 151, 152. 

Jones, Joseph, 738. 

Jones. Dr. Keuben, 196; his patriotism, 197, 
223, 224, 653 ; his narrative, 646, 746 ; notice 
of, 753, 754. 

Jones, Hon. Thomas, 700. 

Joy, D.avid, a justice, 765. 

Judd, Enoch, 148, 163, 168. 

Kathan, Charles, 96, 389 ; a lieutenant-colonel, 
444. 

Kath.an, Daniel, 842, 772, 773; a justice, 431, 
765. 

Kathan, John, 82, 87, 342 ; his character, 108, 
109; refuses to serve in the Vermont mili- 
tia, 356; petition of, 552. 

Kathan, John, Jr., 82, 842. 

Keighley, Edward, statements of, 618; im- 
prisoned, 619. 

Kellogg. Daniel, 755. 

Kellogg, Capt. Joseph, 18, 20 ; commander of 
Fort Dummer, 21 ; his friendship with the 
Indians, 23, 24 ; an interpreter, 26 ; biogra- 
phy of, 669—678 ; a commissioner, 738. 

Kellogi.;. Capt. Martin, Jr., 12, 669 ; notice o^ 
672,673. 

Kelly, John, 604, 629, 682, 633. 

Kelsev, Jame.s, 550. 

Kemble, Peter. 761. 

Kemble, Samuel, 610. 

Kendall, Amos, 550. 

Kendall. Edward Augustus, extracts from his 
Travels. 583—592. 



INDEX OF PERSONS. 



791 



Kendall, Isaac, 503, 510, 759. 

Kent, Jacob, notice of, 125, 126; a commis- 
sioner, 289, 768 ; offices held by, 769. 

Kent, John, capture of, 888. 

Kewauchcum, 17. 

Keyes, Jonas, Jr., 96. 

Kidder, Oliver, a coroner, 767 ; an ensign, 771 ; 
a lieutenant, 773. 

Kilburn, John, 117 ; account of the fight at his 
fort, 74, 739—741 ; his epitaph, 742. 

Killam, Phinohas, 429. 

Kimball, Amos, 120. 

Kimball, Col. George, 65k 

Kimball, Phinehas, 771. 
—King, John, 7, 690. 

King, Joseph, 163. 

King, Rufus, a commissioner, 568. 

King, Titus, 78, 74. 

Kirby, Eeuben, 7.58, 760. 

Kirkley, John, 316. 

Knapp, Ephraim, 503, 758. 

Kneeland, Mr. , 390. 

Kneeland, Joseph, a prisoner, 385 : murder of, 
890. 

Knight, Col. Elijah, 515; stationed at Guilford, 
521, 528 ; conduct of his men, 529 ; increase 
of his force, 581 ; he retreats, 532. 
^Knight, Joel, wounded, 518. 
■ 'Knight, Jonathan, 203, 772; wounded at the 

^^ estminster Massacre, 231. 
--knight, Samuel, 2(J8, 311, 410, 699; charged 
with homicide, 230; petitions of, 507, 552; 
biography of, 678 — 675; othces held by, 763, 
767. 

Knight, Simeon, 101. 

Knowles, Sir Charles, 88. 

Knowlton, Calvin, notice of, 676. 

Knowlton, Luke, 100, 227, 257, 291, 401, 410, 
761; an agent, 381 ; remonstrates with Con- 
gress, 882'; flight of, 485, 503; seizure of, 504, 
520 ; a side-judge, 548 ; notice of, 675, 676 ; 
inimical conduct of, 721 — 723; office held 
by, 765. 

Knowlton, Hon. Paul H., 676. 

Labaree, Peter, taken captive, 64, 66. 

Lafayette, Gilbert Motier de, 667. 

Lamb, David, 759, 773; his arrest, 444; trial 

and fine of, 452, 458; deposition of, 459. 
Lamb, John, 524 

Lamont, Capt. , 660. 

Landers, Eben, 760. 

Landers, Joseph, 760. 

Langdon, Mark, charged with homicide, 230. 

Lansing, John, Jr., a commissioner, 568, 659, 

564. 
Latherbee, Timothy, 743. 
Laughton, Jacob, notice of, 202. 
Laughton, John, 690. 
Laurens, Henry, letter to, 824. 
Law, Andrew, 218. 
Law, Michael, m, 280. 
Lawrence, John, 761, 769, 770. 
Lawrence, Jonathan, Jr., 50. 
Le.avins, Jedediah, 429. 
Lee, Charles, 141 ; Gen., letter of, 646. 
Lee. Thomas, holds a court martial, 829. 

Leeds, Capt. , 49. 

Le Mott, , assists to lead a party against 

Eoyalton, 883. 
Leonard, Eliphalet, 788. 
Leonard, Capt. James, 788; James, 2d, 788; 

James, 3d, 788. 
Leonard, William, 788. 
Le%ins, Peter, 163. 
Lewis, Cron, a Frenchman, 75. 
Lewis, Eobert, 761. 
L"Horamedieu, Ezra, 418, 463; letters from, 

464, 466, 467, 685. 686 ; report of, 542, 543. 
Lincoln, Gen. Benjamin, 405, 667,709. 
Lincoln, Josiah, 788. 
Lincoln, Thomas, 3d, 788. 



Liscomb, Francis, 788. 
Little, Joseph, 118. 

Livingston, Peter Van Brugh, 245, 246, 255. 
Livingston, Eobert E., 296, 752 ; a commis- 
sioner, 558, 559. 
Livingston, Gov. William, 215. 
Lloyd, Byfield, 743. 
Locklin, Dennis, 96. 

Lord, Dr. , 69. 

Lord, .Joseph, 164 ; assigned of the quorum, 

184; examination by, 173; letter of, 652; 

notice of his life, 677, 678; offices held by, 

76.3, 764, 765. 
Lord, Nathaniel, 773. 
Lord, Sarah, 638. 
Lot, Abraham, 565. 724, 761. 
Lott, Johannes E., 524. 
Loudon, Lord, 84. 
Lovejoy, Abijah, 206, 771. 
Lovejoy, Peter, curious wedding of, 586. 
Lovell, Elijah, 381. 
Lovell, Enos, 836. 
Lovell, Michael, 101. 
Lovell, Oliver, 401, 410, 765, 771. 
Lovell, Timothy, 328 ; his woodfarm, 62T. 
Lovewell, Capt. John, victory of, 586. 
Lovewell, Capt. Nehemiah, 125 ; his services, 

412. 
Low, Isaac, letter from, 196, 197; his letter 

read at Westminster, 198; action on the 

letter of, 199, 200. 
Lowell, John, attorney, 622. 
Ludlow, Cary, surrogate, 626. 
Ludlow, Thomas, 147, 

Lukens, Mr. , W4 

Lull, Capt. , fight at his house, 649, 550. 

Lull, Moses, 548. 

Lull, Timothy, 114, 771 ; names Lull's brook, 

115. 
Lull, Timothy, Jr., 429 ; the first person born 

in Hartland, 115. 
Lusher, Joseph. 339. 
Lyman, Elias, 690. 
Lyman, Elijah, 761. 
Lyman, George, 755. 
Lyman, Eev. "Gershom C, 898. 
Lyman, Gideon, 117, 118, 119, 690. 
Lyman, Joel, 761. 
Lyman, Phinehas, 99. 

Lynd or Lynde, Daniel, 425, 426; fined, 452. 
Lynd or Lynde, Joshua, 426, 757; fined, 452. 
Lynd. Leniuel, 757. 
Lyndhurst, Lord, 690. 
Lynds, Daniel, 111. 
Lyon, Zebulon, 771, 772. 

MacNachten, Alexander, 765. 

Macomber, Stephen, 788. 

Madison, .Tames, 601 ; election of, 599 ; opi- 
nion of, 723. 

Malcom, William, 524. 

Manly, Com. John, his e.Tploits, 618, 622, 623. 

Mann, Charles, 109. 

Mann, Daniel, 42. 

Mann or M.an, Isaac, petition of, 132 ; assigned 
of the quorum, 134; offices held bv, 768, 
765. •*' 

Mansfield, Martha, punishment of, 582. 

Marsh, Mr. , 618. 

Marsh, Abel, 801. 

Marsh, Elias, first person born in Sharon, 116. 

Marsh, Joel, a justice, 769; a captain, 771. 

Marsh, John, 248 ; John, Jr., 248. 

Marsh, Jonathan. 112. 

Marsh, Col. Joseph, 248, 266, 274, 2S7, 291, 802, 
815, 703, 770, 771 ; a delegate, 254, 2.55, 258, 
263, 767; elected deputy governor, 314 ; 
orders to. &39. 

Marsh, William, 268. 425. 

Marshall, Samuel, 690. 

Martin, Ebenezer, 160. 

Martin, Grace, 690. 



792 



INDEX OF PERSONS. 



Martin, Matthew, 413. 

Marvin, Ebenezer, 703. 

Mason, Peter, a prisoner, 388. 

Massamali, 23. 

Masseguun, 23. 

Mather, Dr. Cotton, 17, 18. 

Matthews, Joel, 802, 771. 

Mattoon, Nathaniel, 789. 743. 

Maunsell, Col. John, petition of, 606. 

May, John, 227. 

McCarra, James, 761. 

McCIure, Samuel, a captain, 390. 

McCoun, John, 88. 

McDougall, Alexander, 761. 

McDougall, William. 761. 

McFarland, Jesse, 160. 

McKcan. Thomas, motion of, 469, 470. 

McKesson, John, 252 ; letters to, 644, 646, 647, 
648. 

McKinlay, Alexander, 659. 

McKinney, Daniel, wounded by the Indians, 
46, 47. 

McLellan, Mrs. , 96, 

McPherson, John, 762. 

McWain, William, a sergeant, 884 ; complaint 
of, 338, 340. 

Mcganichcha, 7. 

Melendy, Samuel, 426, 510, 759 ; fined, 452 ; 
examination of, 536. 

Melvin, Capt. Eleazer, commands a scout, 40 ; 
ifi attacked by the Indians, 41 ; his courage, 
and fate of his men, 42, 48, 48, 51. 

Mercy, .John, a captain, 408. 

MeiTick, Isaac, 738. 

Merrill, Nathaniel, a sheriff, 769. 

Messenger family, 118. 

Metcalf, Catharine, 761, 762. 

Metcalfe, Simon, 544 ; heirs of, 565, 761. 

Miller, Isaac, 516. 

Miller, Robert, 758. 

Miller, Samuel, 120. 

Miller, William, 429. 

Mills, Abraham, 605. 

Mills, Simeon, 163. 

Minott, Samuel, 359, 875, 756 ; address signed 
by, 385, .886, 874 : letters to, 336, 887, 850, 
851, 856. 357, 877, 878 ; report prepared by, 
840 ; letters from, 360, 861, 862, 870, 871 ; a 
major, 515. 

Minott, Samuel, Jr., 771. 

Minott, Dea. Samuel, 69, 96, 206. 

Mitchel, Ebenezer, 46. 

Moflfat, John, 307. 

Monroe, James, reference to, 599. 

Montuzan, Frances, 6ii4. 

See Buchanan, Frances. 

Montuzan, Margaret, 604. 

Moor, 1 ieut. , 444. 

Moor, John, 748 : John, Jr., 743. 

Moore, Abijah, 772. 

Moore, Benjamin, 82. 

Moore, Capt. Fairbank, 82 ; his death and that 
of his son, and capture of his family, 86, 87 ; 
an early settler of Brattleborough, 104. 

Moore, Fairbank, Jr., 82, 96. 

Moore, Frank, notice of, 752. 

Moore, Gov. Henry, 107, 114, 116, 123,124, 134, 
178 ; letter from, 1.35 ; hiseiforts to advance 
civizilation, 139, 140 ; grants by, 141 ; ap- 
plications to, 142, 171 ; commission from, 
691. 

Moore, Jonas, 96 : his house robbed, 172. 

Moore, Newell, 96. 

Moore, Roderick, 760. 

Moore, William, conduct of, 695. 

Moredock, Benjamin, 248. 

Moredock, Oliver, 248. 

Morgan, Mr. , a British secretary, 721. 

Morris, Gouverneur, 287, 290, 292 ; letter to, 
824. 

Morris, Lewis R., consultation with, 555 ; a 
commissioner, 563, 



Morris, Richard, 147, 421, 428, 652 ; letter of, 
430 ; jurat of, 529 ; affidavit of, 752 ; office 
held by, 764. 

Morris, Robert, 487 

Morris, Roger, 186. 

Morrison, John, 87. 

Morrison, Robert, heads a riot, 548 : trial of, 
549, 550. 

Morrison, Thomas, 765. 

Morse, Ebenezer, 100. 

Morse, John, 236. 

Morse, Moses, 429. 

Moseley, Increase, 703. 

Moylan, Stephen. 622. 

Mumford, Pjnil, 722. 

Munroe, Reuben, punishment of, 588. 

Munsell, Benjamin, 550. 

Munsell, Daniel, 548 : Daniel, Jr., &48. 

Munsell, Thomas Lazel, 548. 

Murdock, Thomas, 815. 

Murray, Gen. George, 92. 

Myrick, Capt. , 897. 

Nailer, Michael, a prisoner, 624. 

Nannatoohau, 28. 

Nash, Ephraim, 718. 

Nash, Timothy, 120. 

Nawelet, 7. 

Nelson, Thomas, trial of, 843, 844 

Nesbit. Jane, 762. 

Newell, Elihu, 230. 

Newman, Henry. 786. 

Newton, Rev. Ephraim H., 99, 395, 691. 

Newton, John, taken prisoner, 882. 

Newton, Richard, imprisoned, 619, 

Nichols or NichoUs, Ephraim, 868, 425. 

Nichols, Paul, 486, 757. 

Nichols, Samuel, 257, 765 

Nicholson, Col. , 12. 

Nicholson. John, 524 

Nicoll, William, 189. 

Niles, Nathaniel, a side judge, 548. 

Nixon, Elias. 762. 

Noble, Jonathan, 163. 

Noble, Samuel, 503, 759. 

Noonoowaumet, 17. 

Norman, Henry M., 638. 

Norman, Thomas, 565 ; and wife, 682, 683, 762. 

Norton, Andrew. 116, 168, 328. 

Norton, John, 257, 261, 631, 753 ; notice of, 

221 ; objections to, 251, 252 ; trial of, 843, 

844 ; anecdote of, 630. 
Noyce, John, his services, 531. 
Noyes, Gorham, 511. 
Noves, John, 511 : Hon. John, 96. '~* 
Nurse, Caleb, 759. 
Nurse, Joshua, 426, 506, 768, 773. 

Oaks, Seth, 411. 

Odell, Mr. , 263. 

Ogden, Capt. , his march with Robert 

Rogers, 90. 

Olcott, Mr. , a justice of the peace, 178. 

Olcott, Elias, 410. 

Oleott, Peter, 315 ; a commissioner, 289, 768. 

Olcott, Simeon, 626, 651, 754 

Olcott, Timothy, 230 ; a coroner, 767. 

Olden, John, 757. 

Old Qnail John. 116. 

Olin, Gideon, 562 : consultation with, 556. 

Oliver, William, 329, aSO. 

Onslow, Robert, a capture by, 661. 

Ontaussoogoe, treat v with, 24, 736 — 788, 

Oothoudt, Henrv, 419. 

Orr, Isaac, 816, 773. 

Ortley, Barbara, 762. 

Orvis. Gershom, 438. 

Orvis, Weightstill, 773. 

Osgood, Benjamin, 43 ; his captivity and 

death, 44. 
Osgood. Christopher, charged with homicide, 

280 ; a letter carrier, 721 ; arrest of, 722. 



INDEX OF PERSONS. 



793 



Osgood, Samnel, 722. 
Osmer, John, 123. 

Otly, Capt. , 724, 

Owen, Caleb, 511. 

Packard, Squire, flght at the house of, 517, 
518. 

Packer, Charles, 758. 

Packer, Ichabod, 758. 

Packer, James, 426, 757. 

Paddleford, Jonathan, Jr., 78a 

Page, David, 115, 120. 

Page, Jacob, his captivity, 406, 40b. 

Page, Samuel, 120. 

Page, "William, letter to, 597. 

Paine, Elijah, a commissioner, 559 ; United 
States senator, 598. 

Paine, Epbraim, 524; representation of, 535. 

Paine, Robert Treat, 623. 

Painter, Elizabeth, 638. 

Palmer, George, a justice, 765. 

Pannel, John, 431, 765, 773. 

Park, Dea. Jonathan, 100. 

Park, Lucy, the first cliild born in Newfane, 
100. 

Parker, Asa, 757. 

Parker, Ebenezer, 515. 

Parker, Isaac, 87. 

Parker, James, 86. 

Parker, Joshua, 95. 

Parker, Capt. Eoswell, 96. 

Parkhurst, Capt. E., 886. 

Parkhurst, Capt. John, bis kind conduct, 385. 

Parkhurst, Phineas, Ills endurance, 887. 

Parkhurst, Tilly, 386, 387. 

Parkis, Samuel, 248. 

Parks, Amariah, 758. 

Parmelee, Alexander, 230. 

Parsons, Simeon, 691. 

Parsons, Timothy, 97. 

Partridge, Oliver, 96, 97, 692. 

Partridge, Capt. S., bis store robbed, 615, 616 ; 
petition of, 622. 

Partridge, Samuel, 15, 105, 762. 

Paterson, "William, 232, 828, 726 ; high sheriff, 
202, 218, 766 ; his measures for defence, 219 ; 
charged with homicide, 230 ; imprisoned, 
236 ; money paid to, 238 ; notice of, 678, 679. 

Patrick, Matthew, a captain, 550. 

Patrick, Samuel, 147, 148. 

Patterson, Eleazer, 206, 291. 299, 806, 817, 334, 
338, 345 : report of, 294—296 ; letters of, 336, 
379 ; trial of, 343, 344 ; letter to, 378 ; com- 
munication of, 380 ; a justice, 431 ; petition 
of. 552 ; offices held by, 764, 765, 773. 

Patterson, Robert, 772. 

Patterson, Walter, 140. • 

Paugus, 586. 

Payne, Elijah Freeman, a lieutenant, 658, 659, 
660. 

Peabody, Nathaniel, letter of, 668. 

Peak, John, 74, 740; his death, 742. 

Pearson, Mr. , 7. 

Pease, John, 19. 

Peck, Capt. Joseph, 476, 505, 546, 773 ; orders 
a rescue, 426 ; his trial, 450 ; search for, 508 ; 
grant of lands to, 545, 758. 

Peirce, Antlionv, 742. 

Peirce, John, 739, 742. 

Peiiiber, Thomas, death of, 384. 

Pemberton, Ebenezer, 736. 

Penniman, Dr. Jabez, 631 ; his wife, 682. 

Pennock, .James, offices held by, 769. 

Pennoek, Samuel, 160. 

Perham, Jonathan, 396. 

Perin, John, 771. 

Perkins. Moses. 43. 

Perry, Jabez, 753, 772. 

Perry, John, 61, 95. 

Perry, "\^'illiaui, 3.39. 

Peter Parley, reference to, 601. 

Peters, Andrew B., 124 



Peters, John, x24, 160, 768, 769. 

Petty, John, 753. 

Petty, Joseph, 42. 

Phelps, Charles, 97, 206, 244, 401, 483, 499, 505, 
507, 653, 693; removes with his family to 
Marlborough, 99; petition drawn by, 207; 
letters of, 277, 363, 4:54, 489, 495 ; his efforts 
for the defence of Cumberland county, 800 
— 302 ; memorial of, 306, 807 ; sent to Kings- 
ton, 361 ; at Philadelphia, 302, 463, 4(54, 406, 
466 ; attacks an officer and is fined, 872, 373 ; 
remonstrance by, 421 ; loyalty of himself J 
and family to New York, 428 ; documents 
prepared by, 427 — 129 ; mission to Pough- 
keepsie, 430, 460 ; appointed to office, 431 ; 
charges against, 446, 447 ; his library sold, 
449 ; an agent, 466, 457 ; resolve of Congress 
touching, 467 ; depositions of, 479, 498 ; re- 
turn of, 486, 487; imprisonment of, 506; 
petition for release of, 5o7 ; sale of his estate, 
513 ; trial of, 520 ; attainted of treason, 521 ; 
petition and pardon of, 526, 527, 536, 537 ; 
grant of lands to, 545, 757; biography of, 
679 — 688 ; genealogy of the family of, 689 — 
691 ; offices held by, 763, 764, 766, 767. 

Phelps, Charles, Jr., 492 ; scene at his bouse, 
511—513 ; genealogy of, 689-691 ; notice of, 
692. 

Phelps, Hon. Charles, 642, 694. 

Phelps, Hon. James H., letter from, 691. 

Phelps, John, 442, 694. 

Phelps, Nathaniel, 679, 690. 

Phelps, Solomon, 99, 245 ; ordered out of town, 
277 ; library of, 449 ; genealogy of, 689-691 ; 
bio£;raphy of, 691, 692'; an attorney, 767. 

Phelps, Tiniothy, 99, 4S9, 499, 521, 6S0, 758, 
771 ; attacks an officer and is fined, 872, 373 ; 
attempt to arrest, 440 ; floors a constable, 
441, 448 ; firm and prudent conduct of his 
wife, 442, 443 ; is arrested by Ethan Allen, 
443, 444; trial of, 446, 447 ; sentence of, 448, 
460, 684 ; resolve of Congress touching, 470 ; 
letter of, 490 ; account of his imprisonment 
and release, 492 — 498 ; petition of, 507 ; 
bearer of dispatches, 511 ; capture and re- 
lease of, 512, 513 ; his proceedings, 523 ; tes- 
tifies before the Senate of New York, 524 ; 
genealosy of, 689-691 ; biography of, 693, 
694; his family, 694; a sheriff', 766. 

Philip, an Indian, 740, 741. 

Philips, Mr. ^, 686. 

Phillips, Elijah, 511. 

Phippen, Atwater, 753. 

Phippen, Joseph, 753. 

Phippen, Samuel, 753. 

Phips, Lieut.-Gov. Spencer, 86. 

Phips, "William, death of, 84, 76. 

Pierce, Elisha, 759 ; quarter-master, 485, 778. 

Pierce, Ephraim, 772. 

Pierce, Joseph, 230. 

Pierce, Thomas, trial of, 348, 844 

Pierce, "William, 759 ; trial of, 848, 344. 

Pike, Jacob, 50. 

Pingry, Hon. "William M., 119, 184, 267, 297. 

Pinneo, James, Jr., 112. 

Pitkin. "VN'illiam, 736. 

Pitt, "William, 649. 

Piatt, Elizabeth, 700. 

Piatt, Zephaniah, 271. 

Plenderleaf, John, 565, 762. 

Pomagun, 17. 

Pomroy, Ebenezer, 691. 

Pomroy, Nathaniel, 10. 

Pond, Caleb, his shrewdness, 441, 442. 

Poopoonuck, 17. 

Porter, Col. Eleazer, 24 49, 762; a commiB- 
sioner, 788. 

Porter, Elisha, a sheriff, 512 ; his conduct, 
513. 

Porter, James, Jr., 53. 

Porter, Noah, 116. 

Porter, Hon. Samuel, 642. 



794 



INDEX OF PERSONS. 



Powell, Anna, 106. 

Powers, Ephraim, wounded by the Indians, 

50. 
Powers, Eev. Grant, researches of, 120, 586. 
Powers, Jerathmiel, 257. 
Powers, Nathaniel, 116, 118. 
Powers, Peter, T39, 743: Rev. Peter, 126, 
Powers, Simeon, 116 : Simeon, Jr., 116. 
Powers, William, 772. 
Pownall, Gov. Thomas, 91. 
Pratt, Isaac, 99. 
Pratt, Samuel, 738. 
Prescott, Gov. Eobert, 649. 

Price, Capt. , 373. 

Priest, Eleazer, 40. 
Prince, Samuel, 264 

Pritcharrt, Capt. , 405. 

Prouty, Elijah, 413, 420, 426, 757 ; depositions 

of, 414, 724 ; a justice, 431 ; petition of, 507 ; 

offices held by," 764, 765, 76S. 
Prouty, Francis, 773; assault by, 503, 504; 

petition of, 507 ; capture of, 60S ; his trial, 

520 ; grant of lands to, 545, 757, 759. 
Prouty, Kichard, 773. 
Putnam, Adoniiah, 426, 505, 759. 
Putnam, Gen. Israel, 75, 76, 114. 
Putnam, James, letter of, 650. 
Pyncheon, John, 7. 

Quimby, Mr. , 78. 

Eale, Sebastian, 14. 

Eamsay, David, 471. 

Eamsay, Peter, order to, 618; imprisoned, 
619 ; a captain, 622. 

Eand, R.jbert, 753. 

Eandolph, John, his sentiments, 699. 

Eanney, Ephraim, 202, 773; an innkeeper, 
14S, 158; a captain, 445; a justice, 766. 

Eanney, Silence, 158. 

Eansom, Hon. Epaphroditus, his mother, 642 ; 
letter of, 643. 

Eathburn, Wait, 659. 

Eay, Patrick, 86. 

Eead, John, 736. 

Eeed, Mr. , alarm by, 896. 

Eeed, Lsaac, 836, 773. 

Eeeve, Tapping, 51)5. 

Eeynolds, B., 96. 

Eice, Asa, 73; Capt. Asa, 868, 773; letter of, 
415. 

Eice, Barzillai, 401, 450 ; deputy sheriff, 425 ; 
prudence of, 504, 505 ; resistance to, 520. 

Eice, Ephraim, 503, 759; his property sold, 
356, 

Eice, Josiah, 426, 757. 

Eice, Micah, 110, 111, 368, 778. 

Eice, Capt. Moses, 73, 

Eice, Phineas, 368. 

Eice, Ralph, 47. 

Eich, Daniel, 772. 

Eichardson, Mr. , law suit of, 710. 

Eichardson, James, 753. 

Eichardson, Joseph, 43. 

Eichmond, Henry, 738. 

Eichmond, Josepli, 73S. 

Eider, Oliver, 206. 

Eitteuhouse, David, 644. 

Eix, Daniel, escape of himself and family, 885, 
3S6. 

Eix, Gardner, a prisoner, 386, 387. 

Eobbins, Jehiel, 772. 

Eobbins, Thomas, 36. 

Eobbins, William. 36. 

Eiibrrts, Ebenezer, 757. 

Roberts, Giles, 426, 757; examination ot 
536. 

Roberts, William, 380. 

Eobertson, Amos, a commissioner, 2S9, 763. 

Eobertson, Gen. James, advice of, 613 ; con- 
sultation with, 616; orders of, 617; memo- 
rial to, 620. 



Eobertson, Nathaniel, 280, 753. 

Eobertson, Eeuben, 753. 

Eobertson, Samuel, 206. 

Eobinson, Amos, 429, 771. 

Eobinson, Beverly, letter from, 721. 

Eobinson, Elijah, 551, 703. 

Robinson, Ezra, 230 ; his property sold, 356. 

Robinson, Moses, 477, 562 ; chief judge, 340. 
878,446,520; anecdote of, 842, 600 ; appoint- 
ed to visit the Yorkers, 875 ; incident in the 
life of, 493, 494, 497; agent, 539; United 
States senator, 598 ; marriage performed by, 
631. 

Robinson, Nathaniel, 206, 627. 

Robinson, Samuel, 486; his opinion, 479; a 
justice, 765. 

Rogers, James, 206, 770 ; notice o^ 249, 250 ; 
offices held by, 764, 765. 

Rogers, James, Jr., 249. 

Rogers, Oliver, 550. 

Rogers, Paul, 550. 

Rogers, Maj. Eobert, the distinguished ranger, 
73, 88, 114; destroys the village of St. 
Francis, 89 ; his disastrous march, 90, 91. 

Rood, Daniel, 878, 879. 

Roosevelt, Mr. , 686. 

Root, Dorothy, 679. 

Boot, Elisha, 773. 

Boot, Ilezekiah, 679. 

Root, Jesse, deputed to visit the Grants, 860, 
858 

Root," Samuel, 773; trial of; 343, 344. 

Root, Timothy, 772, 773; acts aa a judge, 368. 

Rosbrook, Eleazer, 120. 

Rosbrook, James, 120. 

Rose, Joseph, 49. 

Rosebrook, James, 147, 148, 149. 

Rosevelt, Isaac, 762. 

Rou\ille, Maj, Ilertel de, 10, 11, 12. 

Row, Daniel, Mary, daughter of, 594. 

Row alias Munroe, Eeuben, punishment of, 
583. 

Rowe, John, robbery of, 615; petition o^ 
622. 

Rugg, David, 85, 86. 

Buggies, Benjamin, 788. 

Eussel, Noadiah, 121. 

Rutledge, John, 464, 722. 

Sabin, Daniel, trial of, 343, 344. 

Sabin, Noah, 202, 208, 223; settles in Putney, 
95, 96; his lirmness, 218, 220, 635, 636; im- 
prisoned, 236; trial of, 343, 344 ; kindness ot, 
398,399; biography of, 604— 697 ; statements 
of; 726, 747; office "held by, 7C4, 765. 

Sabin, Noah, Jr., 839, 410; biography of, 697, 
69«. 

Sackett, an Indian chief, fights with Capt 
Hobbs, 45—18. 

Safford, Capt. , commander of a fort, 383, 

384. 

Safford, Maj. Jesse, 551. 

Safford, Jonathan, 316, 719. 

Safford, Joseph, 519. 

Safford, Philip, 753; his bravery, 231, 282, 
233. 

Salisbury, Hale, 758. 

Saltonst.all, Gov. Gurdon, 14, 106, 736. 

Saltonstall, Mary, 736. 

Saltonstall, Richard, 735. 

Sanderson, .James, 115, 116. 

Sargeant, David, 104 ; David, Jr., 104 

Sargeant, Jabcz, 109, 283. 

Sargeant, John, the first white person born in 
Vermont, 104. See Sergeant, John. 

Sargeant, Capt. Stephen, 224, 753. 

Sargeant, Thomas, 104 

Sargent, John, 24 

Sargent, Ezra, 315. 

Sargents, Lemuel, 836. 

Sartwell, Jonathan, 89. 

Sartwell, Josiah, 26. 



INDEX OF PEKS0N8. 



795 



Sartwell, Obadiah, 53. 

Savage, Samuel Stow, 408. 

Sawtell, Daniel, 116, 117. 

Sawtell, Jacob, 116. 

Sawtell, Oliver, 116. 

Sawyer, Aimer, 99. 

Schlatter, Michael, executors of, 762. 

Schuylor, Col. Peter, 17, 35, T5, 109.; 

Schuyler, Gen. PhlUp, 275, 286, 2S7, 289, 558, 
558, 6<i6, 60S, 729. 

ScoUay, .John, robbed, 615, 616; certificate of, 
6-21 ; petition of, 622. 

Scott, Eli, 46. 

Scott, John Morin, 24S, 296, 762. 

Scott, Samuel, US. 

Scott, Thomas, 511. 

Seaman, Benjamin, 180; memorial of, 608,609. 

Seelye, Abner, 772. 

Sergeant, or Sergeants, or Sergants, or Ser- 
jeants, or Sargeant, or Sargeants, Col. John, 
257, 258, 881, 397, 401 ; meetings at the 
house of, 294^297, 811, 313, 359, 750 ; trial 
of, 843, 344 ; communication of, 8S0 ; orders 
out militia, 475, 504 ; regiment of, 515 ; peti- 
tion of, 552 ; office held by, 764, 772, 778. 

Sergeant, Eev. .John. 672. 

Sergeant, Thomas, 235. 

Serjeants, Daniel, 40. 

Serjeants, Lieut. John, 40 

Sessions, Darius, 315. 

Sessions, John, 199, 264, 266, 274, 291 ; a dele- 
gate, 25S, 263 ; information of, 270, 271 : 
loan to, 282 ; letters oi; 2s7, 288, 289, 306 ; 
letter to, 298 ; trial of, 343, 344 ; agent to 
Gov. Clinton, 353 ; representative in the 
New York Assembly, 861, 767, 768 ; exa- 
mination before, 536 ; anecdote of, 733 ; 
otfices held by, 763, 764. 

Severance, Samuel, 42. 

Severs, Nathaniel, 551. 

Sewall, Samuel, 18. 

Shattuck, Daniel, 82 : Daniel, Jr., 82. 

Shattuck, Gideon, 82. 

Shattuck, William, 426, 435,451, 482, 521 ; his 
boldness, 425 ; a militia officer, 431, 778 ; 
his arrest, 444, 5<>5, 5o6 ; his trial, 446, 447 ; 
his sentence, 448, 460, 6S4 ; an agent, 462, 
463 ; at Poughkeepsie, 464, 468, 469 ; at 
Philadelphia, 465, 686 ; congression.al re- 
solve concerning, 467, 470 ; reaches home, 
474 ; an expedition of, 475 ; affidavit of, 
478 ; account of, 487, 488 ; petition for re- 
lease of, 507 ; petitions of, 526, 541, 542 ; 
lands granted to, 542 — 547, 757, 758, 759 ; a 
member of Assembly, 768. 

Shaw, Air. , 613. 

Shays, Daniel, 709. 

Sheatf, Samson, 743. 

Shcfflin, Jacob, 762. 

Shelburne, Earl of, letter to, 135. 

Sheldon, Lieut, , 47, 49. 

Sheldon, Hannah, 718. 

Shepardson, Daniel, 426, 759 ; letters of, 414, 
415. 434, 54.5, 546 ; a messenger, 422 ; a jus- 
tice, 4;31, 765 ; threats against, 474 ; agent, 
4S0 ; arrested, 522. 

Shepardson, John, 111; a side judge, 340; at- 
teiiii)t to arrest, 475. 

Shepardson, Joseph, 505, 758 : Joseph, Jr., 
510. 

Shepardson, Nathaniel, 510. 

Shepardson, Noah, 426, 510, 758. 

Shepardson, Samuel, a pilot, 516. 

Shepardson, Stephen, 772. 

Shepardson, Zephaniah, 757. 

Sherburne, Andrew, memoirs of, 406. 

Sherburne or Sherburn, Ilenry, 817, 748, 773 ; 
acts as a judge, 368 ; petition of the widow 
of, 552. 

Sherburne, John, 757. 

Sheridan, Kicbard Brinsley, anecdote of, 584 

Sherifl", Maj. , advice of, 617. 



Sherwood, Capt. , 303, 407. 

Shipman, Edmund. 758. 

Shirley, Gov. William, 34, 37, 88, 52, 67, 68, 
670, 672, 740 ; correspondence of concerning 
Fort Dummer, 29—32; proposes a protec- 
tive union, 63 ; his measures for defence, 64. 

Shuldham, Admiral , 617 ; orders of; 618. 

Sill, Kicliard, a commissioner, 659 ; letter of, 
595 

Sim, Peter, 762. 

Simmons, Jehiel, 119. 

Simonds, Titus, 326, 328. 

Simonds or Simons, William, 257 ; foreman, 
446. 

Sims, Capt. , 74. 

Skinner, Samuel, 95. 

Slade, Gov. William, remarks of, 567, 578. 

Slafter, John, 118. 

Slater, Isaac, 759. 

Sleeper, Samuel, 128, 124; a Quaker preacher, 
125 ; oflSces held by, 768, 769. 

Smalley, Eev. Elam, D.D., 40. 

Smith, Asahel, a captain, 661. 

Smith, Diana, 762. 

Smith, Ebenezer, 113, 739. 

Smith, Edward, his opinion, 413, 414 ; com- 
plaint of, 504. 

Smith, Gov. Israel, 257, 297. 811, 839, 602, 758; 
a commissioner, 289, 559, 763, 768 ; an agent, 
292, 414 ; his mission to New York, 294 ; 
letters of, 314, 320 ; letter to, 321 ; statement 
of, 728 ; a justice, 769. 

Smith, John, 2d, 738. 

Smith, Melancton, 457 ; a commissioner, 559. 

Smith, Noah, state's attorney, 340, 343 ; anec- 
dote of, 600. 

Smith, Eeuben, 758. 

Smith, Eichard, 623. 

Smith, Samuel, 120, 743 ; first child born in 
Windsor, 114. 

Smith. Seth, 291, 292, 757, 758, 771 ; is arrest- 
ed, 414, 415 ; agent and representative for 
the friends of New York, 416 — 419 ; arrests 
Micah Townsend, 703. 

Smith, Capt. Steel or Steele, 118, 114, 163 ; 
remarks of, 167, 168. 

Smith, WilUam, 123, 156, 157, 566, 724, 762 ; a 
chief justice, 721. 

Spafford, Asa. 86. 

Spafford, EliphaJet, 773. 

Spaulding, Lieut. Leonard, 96, 172, 262, 410, 
627 ; his imprisonment, 202 ; his release, 203, 
215 ; liis patriotic exertions, 225 ; arrest by, 
720. 

Spaulding, Jotham, 758. 

Spear, Andrew, 113. 

Spencer, Gen. Joseph, 626. 

Spencer, Abel, 3.30. 

Spencer, Dr. Elihu, 700. 

Spencer, Taylor, 118, 773. 

Spencer, Timothy, 118, 771. 

Spicer, Daniel, account of the death of, 628— 
533, 094. 

Spicer, Jabez, death of, 580. 

Sijooner, Eliakim, an adjutant, 515, 517. 

Sj.ooner, Dr. Paul, 198," 206, 247, 2.51, 252, 25.3. 
255, 314; chosen a delegate, 246, 250, 767 
chosen sherilf, 291, 766; a side judge, 446 
a deputy governor, 478; a chief judge, 548 
a commissioner, 627 ; biography of, 698, 699 

Sprague, Capt. Elkanah, 411. 

Squire, Eeuben, 380. 

Stacy, Philemon, 511. 

Stiifford, John, Jr., 426. 

Stafford, Samuel, 778. 

Staples, Seth, 738. 

Star Comfort, 878. 

Stark, Gen. John, S8, 92, 114 ; runs the gannt 
let, 44 ; taken prisoner, 62, 63. 

Stark, William, 62. 

Stearns, David, 743. 

Stearns, Jonathan, 208, 674 ; notice of, 699. 



796 



INDEX OF PERSONS. 



Stebbins, Asahel, 87. 

Stebbins, Benjamin, leads a riot, 548. 

Stebbins, Josepli, 317. 

Stebbins, Zebulon, his conflict with the In- 
dians, 83. 

Stedman, Nathaniel, 100. 

Steele, Zadocli, a prisoner, 390; his adven- 
tures, 391 ; his account of his own sufferings 
and captivity, and of the burning of Eoyal- 
ton, 395. 

Stephens, Lieut. , 89. 

Stephens, Nicholas, 73S. 

Stevens, Charles, 40. 

Stevens, Gen. Elias, his valiant conduct, 3S5, 
386 ; es<^ape of his wife, 387, 388. 

Stevens, Enos, 53. 

Stevens, Francis, 762. 

Stevens, Henrv, Jr., his captivity, 43, 44. 

Stevens John,' 291, 763. 

Stevens, Capt. Phineas, 33, 39, 40, 41, 42, 4-3, 
48, 62; engaged in scouting expeditions, 49, 
50. 

Stevens, Samuel, 565, 762; letter from, 252; 
offices held by, 764, 765. 

Stevens, Simeon, 160. 

Stevens, Simon, 113, 117, 118, 119, 206, 255, 257, 
266, 275, 286, 291, 292, 295, 305, 306, 319, 401, 
754, 770 ; deposition of, 131 ; receives a cap- 
taincy and is made a constable, 135, 634 ; a 
delegate, 258, 263, 767 ; a brigade major, 267, 
772 ; information of, 270, 271 ; loan to, 282 ; 
a justice, 481, 764,765. 

Stewart, James, 757. 

Stewart, Joseph, Jr., 773, 

Stimpson, Ephraim, 718. 

Stinson, David, 62. 

Stirling, Earl of, 644. 

StockwcU, Aaron, first person born in Marl- 
borough, 97. 

Stockwell, Abel, 397; first settler of Marl- 
borough, 97, 99; a guide, 152; an inn-keep- 
er, 153 ; resistance to, 372. 

StockwcU, Abel, Jr., 97. 

Stoddard, Anthonv, 14, 106, 108, 736. 

Stoddard, Jacob, 759. 

Stoddard, Col. John, 15, 16, 17, 18, 24, 105, 670, 
730; a superintendent, 33, 87, 39; his death, 
45 ; a commissioner, 738. 

Stoddard, Jonathan, 503, 759: Jonathan, Jr., 
758. 

Stone, David, 114, 163, 168 ; capture of, 382. 

Stone, David, 2d, 114. 

Stone, Herman, 760. 

Stone, Joel, 1-35. 

Stone, Col. Nathan, 114, 208, 651 ; attempts to 
stop the court at Windsor, 161 — 165; his 
treatment towards John Grout, 166 — 168; 
petition of, 181, 182; fined for defamation, 
S31 ; offices held bv, 764, 765, 766. 

Stone, Samuel, 162, 163, 168. 

Stone, Seth, 760. 

Stone, Thomas, 62-3. 

Stone, Zedekiah, 113, 114, 651, 764, 765. 

Story, William, 107. 

Stoughton, John, a justice, 765. 

Stoughton, Hon. William, 735. 

Stowell, Mr. , troops at the house of, 516, 

517, 519. 

Stowell, Asa, 757. 

Stowell. David, 772. 

Stowell, Hezekiah, 206,317,868, 425; letter of, 
414; a justice, 431, 765; petition of, 507; 
grant of lands to, 546, 757, 758. 

Stowell, Hugh, 532. 

Stowell, Israel, 113. 

Stratton, Lieut. , 49. 

Stratton, John, his punishment, 318. 

Stratton, Ruth, 317. 

Stratton, Samuel, 317. 

Strong, Benajah, 112. 

Strong, Elijaib, 112. 

Strong, Elnathan, 148, 163, 163. 



Strong, Joel, 97. 
Strong, John, 257, 346, 562, 772. 
Strong, Solomon, 112. 
Stuart, Alexander, 316. 
Suckkeecoo, 17. 

Sullivan, Mr. , 621. 

Sumner, Joel, 511. 

Sumner, tftnnathan, a justice, 769. 

Sumner, Samuel, 738. 

Sumner, Seth, 738. 

Sumner, Thomas, offices held by, 768, 769. 

Taft Dea. 96. 

Taplin, John, 126, 160; letter of, 247; offices 
held bv, 768, 769. 

Taplin, .John, Jr, 160; a sheriff, 769. 

Tappen, Christopher, 296. 

Tarbell, Jonathan, 291, 771. 

Taylor, Abraham, punishment of, 582. 

Tiiylor, Asa, 771. 

Taylor, Isaac, 42. 

Tavlor, John, 100, 116, 274, 276, 286, 675, 739, 
f42. 

Taylor, Samuel, a coroner, 767. 

Taylor, Thomas, 50; his description of a route 
to Canada, 51. 

Teall, Oliver, 758. 

Temple, Joseph, anecdote of, 234 

Ten BroecK', Col. Abraham, 607. 

Thare, Jon.athan, 74.3. 

Thatcher, Samuel, 762. 

Thayer, Jonathan, 60. 

Thayer, William, 739. 

Thomas, Isaiali, 712. 

Thomas, John, proposition of, 608 : John, Jr., 
179. 

Thomlinson, Capt. John, 32. 

Thompson, Hon. Daniel P., reference to his 
writings, 584, 636, 637, 674, 699. 

Thompson, U.avid, 120. 

Thompson, Dea. Hezekiah, 113. 

Thompson, Joseph, 163, 168. 

Thompson, Nathaniel, 659. 

Thompson, Robert, 7-35. 

Thompson, William, 120. 

Thrdoji, John, a side judge, 840. 

Thurber, David, 527 ; fined, 521 ; grant lands 
to, 54.5, 757. 

Thurber, David, Jr., 757, 759. 

Thurston, Benjamin, 163, 166. 

Thyhausilhau, 24. 

Tichenor, Gov. Isaac, 487, 602; his visit of 
conciliation, 432, 433, 484, 485; a commis- 
sioner, 559. 

Tilden, Charles, wounded, 889, 890. 

Tisdale, Abraham, 738. 

Tisdale, Israel, 738. 

Tisdale, John, 738. 

Tisdale, Capt. Joseph. 59, T38. 

Tisdale, Joseph, Jr., 738. 

Tisdale, Ruth, 59. 

Tisdale, Seth. 60. 

Titts, John, 762. 

Tobe, Eleazer, 759. 

Tolles, Henry, a captain, 551. 

Tompkins, Jonathan G., 418. 

Townseud, Henry, 700. 

Townsend, Micah, 311, 359, 876, 401, 687, 709, 
718, 724; letters of. 814, 820, 853—355, 869, 
871,879; information of, 819; letters to, .321, 
830 ; pajwrs entrusted to, 836, 387 ; arrested, 
841 ; trial of, 848, 344 ; a representative in 
the New York Assembly, .361, 367, 368, 768 ; 
biography of, 700—706 ; offices held by, 763, 
765,767. 

Townsend, Rev. Canon Mic.aj.ih, 700; remark 
of, 645 ; letters of, 650, 704, 706. 

Townshend, Lord, 116. 

Tracy, Andrew, a captain, 550. 

Tracv, Prince, 112. 

Tryon, Gov. William, 126, 184, 201. 226, 24-3. 631, 
692, 695, 696 ; injudicious grants by, 171, 172 ; 



INDEX OF PERSONS. 



797 



petitions to, 1T5, 180, 181, 1S2 ; address to, 
188; burning of tlie house of, 607; letters 
to, 652, 6T7, 725, 726 ; letter of, 678. 

Tucker, Joseph, 6S7 ; captures and is cap- 
tured, 511—513. 

Tute, Amos, 76, 149, 150; petition of, 507; 
biogriiphy of, 706—703 ; a coroner, 767. 

Tuto, Mrs. Jemiraa, her epitaph, 76. 

Tuti-. .lonathan, his epitaph, 706, 707. 

Twichel, Boniamin, 74. 

Twichel, Daniel, death of, 74, 740. 

Tyler, Joseph, 101, 257, 771. 

Tyler, Royall, 704; biography of, 708—713. 

Tyler, William Clark, 708. 

Udall, Oliver, 771. 
Umpaumet, 17. 
Underwood, Jonathan, 454. 
Underwood, Timothy, 96. 
Upham, William, 257. , 

Upton, Clotworthy, 141. 
Usher, John, 739, 743. 
Usher, Kobert, 739, 743. 
Utley, Capt. , 166. 

Van Cortlandt, Pierre, 252. 

Yandenburgh, Cornelius, 652. 

Van Santvoord, George, 574. 

Van Schaak, Peter, 762. 

Van Vechten, Abraham, a commissioner, 664 

Variek, Puchard, a commissioner, 558, 559. 

Vauilreuil, Marquis de, 20, 75, 92. 

Verplanck, Gulian, a commissioner, 568, 559. 

Visscher, Matthew, 760. 

Wadsworth, Benjamin, 18, 686. 

Wahwa, 586. 

Wainwrieht, John, 786. 

Wait, Col. Bpniamin, 147, 148, 149, 151, 152, 

162, 163, 206, 246, 268, 501. 507, 508, 515, 728, 

770, 772 ; conmiander of the rangers, 299, 

300 ; orders to. 502, 651 ; valuable" services 

of, b48, 549, 551 ; wounded, 550. 
Wait, Gad, 317. 

Wait, Josepli, 162, 163, 164, 165, 166, 167, 651. 
Walbridge, Col. Ebenezer, 708; his regiment 

oi-dered out, 489, 440 ; arrests by, 444. 
Wales, Eleazer, 112. 
AValker, Eliakira, 738. 
Walker, Russian, 229. 
Walker, James, 738,. 739 : James, Jr., 789. 
Walker, Nathan, wounded by the Indians, 

46. 47. 
Walker, Reuben, 50. 
Walker, Thomas, punishment of, 582. 
Wall, Patrick, notice of, 629; his wife, 680, 681, 

632. 
Wallace, James, 757. 
Waller, Daniel, capture of, 8S7. 
Wallis, Thomas, 24 ; a commissioner, 788. 
Walsworth, James, Jr., 773. 
Walton, Gerard, 762. 
Walton, Henry, 95. 
Walton, William, 762. 
Walworth, Daniel, 511. 
Ward, gtei)hen, 419. 
Ware, William, 789. 
Warner. Daniel, 69. 
Warner, .loshua, 69. 
WarniT. Mark, 690. 
Warner, Seth, 237, 829. .596. 754 ; formation of 

the reL'imeut of, 320, 322, 323, 824; letter of, 

729 
Warner, William, 109, 634. 
Warren, Capt. Jonathan, 257, 444. 
Warriner, Samuel, 292, 319 ; declaration of, 

480 : a coroner, 767. 
Washburn, James, 60. 
Wa.shingt(m, George, 248, 281. 407, 408, 412, 

484, 563, 601, 658, 662, 667, 66S, 701 ; letters 

to, 851, 852, 64S, 649; letters of, 481, 728; 

eulogy on, 6G.3— 665. 



Waters, Capt. Daniel, his exploits, 618, 622. 

Waters, Oliver, 510, 523 ; arrest by, 506 ; is 
captured by the Yorkers, 511 ; escape and 
recapture of, 512, 513, 515. 

Watson, Brooke, 565, 762. 

Watson, Ebenezer, printer, 695. 

Watts, John, 762. 
Watts, Samuel, 79. 

Wattson, John, a. justice, 765. 

Wattunkameeg, 17. 

Waunoouooseet, 17. 

Wausaunla, 673. 

Weare, Pres. Meshech, letter of, 668. 

Webb, Calvin, notice of, 229 ; testimony of, 
283, 234. 

Webb, Jehiel, 753. 

Webb, Joshua, 163, 198, 199, 206 ; notice of, 
229 

Webb, Silas, 346. 

Webster, Daniel, 669. 

Webster, Capt. Ebenezer, 669. 

Weld, Isaac, 773 ; trial and fine of, 452, 453. 

Wells, Henry, a justice, 765. 

Wells, Hubbell, 316. 

Wells, John, 12, 758. 

Wells, Jonathan, 17, 718. 
, — Wells, Joseph, 757 ; his trial, 520 ; his punish- 
ment, 521. 

Wells, Joshua, 40, 743. 

Wells, Obadiah, 292, 297, 806, 759 ; petition of, 
552. 

Wells, Oliver, 235. 

Wells, Samuel, 104, 175, 208, 218, 226, 245, 262, 
879, 604, 644, 645, 676, 701, 704 ; deposition of 
131 ; assigned of the quorum, 184 ; judge 
of the Inferior court, 149 ; favors the Deans, 
150 — 156; bis conduct approved of, 157: 
supports the government of New York, 161 
— 165 ; allusion to his size. 179 ; petition of, 
181, 182 ; elected to the General Assembly 
of New York, 188, 189, 605, 767 ; instructions 
to, 204 ; information of, 236 ; money paid 
to, 238 ; offer of, .355 ; conversation of, 413 ; 
flight of. 485, 503 ; biography of, 718—725 ; 
representation of, 726; examination of, 749; 
offices held by, 763, 764, 765. 

Wentworth, Gov. Benning, 61, 62, 68, 78, 142, 
169 ; his correspondence relative to Fort 
Dummer. 30—32 ; grants of land by, 93— 
127, 524, 666, 679, 739 ; disputes arising from 
his grants, 128 ; counter proclamation of, 
129, 145 ; reserves land for himself, 140, 678, 
743 ; reserves masting trees, 144 ; Is suc- 
ceeded in office, 14.5. 

Wentworth. Gov. John, 748; his offices, 145, 
652 ; applications to, 146 ; commences a 
m.alicious prosecution for cutting masting 
timber, 147 ; dislikes the residents west of 
Connecticut river, 149 ; correspondence of, 
155—158. 

Wentworth, Joshua, an attorney, 622. 

West, Mr. , 880. 

West, Elijah, .>>1. 

Weston, Nathaniel, 551, 771. 

Wheat. Samuel, trial of, 343, 344. 

Wheaton, Capt. , 616, 617. 

Wheeler, Darius, assault by, 508 ; arrest oil 
504. 

Wheeler, George, 120. 

Wheeler, Harrison, 69, 70. 

Wheeler, Capt. Isaac, 444, 515. 

Wheeler, Jethro, 789, 748. 

Wheeler. John, assault by, 508 ; arrest of, 604. 

Wheelock, John, 299. 

Wheelwright, John, 79 ; commlssary-generalj 
45. 

Whipple, Benjamin, 329. 

Whipple, Daniel, 152, 175, 719, 766 ; his acts as 
high .sheriff, 162 ; is resisted, 168 ; bond to, 
6.52 ; notice of, 725, 7^6. 

Whipple, Joseph, 757 ; resistance of, 489 ; 
trial of, 449. 



798 



INDEX OF PEESONS. 



Whipple, Mary, 726. 

Whipple, Pollard, a jailer, 222. 

Whipple, Thomas, 769 ; assault by, 508 ; arrest 

of, 504. 
Whiston, Samuel, 163. 

Whitcomb, Lieut. , robbery by, 888. 

Whitcomb, Benjamin, ajustlce, 769. 
Whitcomb, John, 548. ^ ,__. ^ 

White, Mr. , wounded at the Westminster 

massacre, 231. 
White, Ebenezer, 126. 
White, Henry, 157. 
White, Joel, 120. 
White, John, 14, 106, 107, 168, 736. 
White, Josiah, 342. 
White, Lemuel, 830. 
White, Mary, 125. 
White, Noah, 125. 
White, Hon. P., 96. 
White, Col. Thomas, 69. ^ „ ,„„ ^ 
White, William, 425, 426, 510, 778 ; deposition 
of, 529, 530 ; examination of, 586; letter of, 
53S ; grant of lands to, 545, 758. 
Whiting, Benjamin, a deputy surveyor-gene- 
ral 146 ; arrests by, 147, 149 ; his journey to 
New York, 148, 150—154 ; a justice, 765. 
Whiting, Rev. Samuel, letter to, 664. 
Whiting, Col. William, 735, 736. 
Whiting, William B., 419. 
Whitmore, Daniel, 74.3. , . , „ 

Whitmore, Capt. Francis, 97, 206 ; his toils 
and those of his wife, their usefulness and 
doath, 98, 99. _ ^ . , 

Whitney, Capt. Benjamin, 515, 772, 773 ; tnal 
of, 343, 344 ; leads an attack, 517 ; stationed 
at Guilford, 521. 
Whitney, Daniel, 757. 
Whitney, Ezra, punishment of, 582. 
Whitney, Job, 368. 
Whitney, Jonathan, 111. 
Whitney, Nathaniel, 511, 728. 
Wibird, Richard, 743, 
Wickham, William, 724, 762. 
Wickwire, Joseph, 519. 
Wiersbury, Anthony, 19. 
Wilbore, Joseph, 738. 
Wilbore, Stephen, 738. 

Wilcox, Mr. ,839. 

Wilkins, Dr. Isaac, an address of, 607, 608; 

referred to, 609. 
Wilkins, Capt. Daniel, 415. 
Wilkins, Daniel, Jr., 757. 
Willard, Aaron, 771. 
Willard, Bela, trial of, 348, 344. 
Willard, Billy or Billoy, 739, 743. 
Willard, Henry, 726. 
Willard Jonathan, 739, 748. 
Willard, Joseph, 235, 727 ; his family captured, 

92; trial of, 343, 344. 
Willard, Col. Josiah, 81, 43, 49,64,739, 742; 
commander of Fort Dnmmer, 26; letter of, 
27, 52 ; under-commissary, 33 ; engages in a 
skirmish with the Indians, 36 ; is succeeded 
in the command at Fort Dummer and re- 
stored, 37, 38, 40 ; a principal proprietor of 
Number One, 61; his death, 62; estate of, 
724 ; biography of, 726. 
Willard, Col. Josiah, Jr., 61, 107, 739, 743; 
commander at Ashuelot, 44, 52; succeeds 
his father in the command of Fort Dummer, 
62 ; orders to, 63 ; gifts by, 69, 70 ; obtains a 
renewal of the charter of Westminster, 93, 
94; a proprietor of Brattleborough, 104; 
biography of, 727. 
Willard, ^oc. Josiah, 51, 79. 
Willard, Miriam, 64. 
Willard, Lieut. Moses, 53, 64 ; killed by the 

Indians, S3. 
Willard, Nathan, 104, 742; commander at Fort 
Dummer, 68 ; letter of, 78 ; complaints 
against, 81, 82. 
Willard, Nathan, Jr., 748. 



Willard, Oliver, 82, 102, 115, 742; deposition 
of, 131 ; petition of, 181, 182 ; offices held 
by, 764, 765. 
Willard, Prentice, 739, 74.3. 
Willard, Eev. Samuel, 726. 
'Williird, Maj. Simon, S, 726. 
Willard, Solomon, 696, 739, 743. 
Willard, Wilder, 82, 739, 748. 
Willard, William, 69, 82, 202, 739. 742 ; es.ami- 
nation bv, 173; Imprisoned, 236; incident 
concernins, 753; offices held by, 764, 765. 
Willard, William, Jr., 74;3. — 

William and Mary, laws of; 190, 193. 
Williams, Aden, 429. 
Williams, Gov. Charles K., 754. 
Williams, David, .316, 511. 
Williams, Eev. Eleazer, 10. 
Williams, Elijah, 110; a commissary, 45, 68. 
Williams, Elisha, 736. 

Williams. Col. Ephraim, 83, 68, 70, 672; his 
death, 79 ; founder of William's college, 79. 
Williams, Eunice, 11. 

Williams, Col. Israel, 15, 24, 49, 62, 89, 91, 807, 
670; a commissary, 33; general superin- 
tendent, 45; letter of, 62; plan of defence 
by, 67 ; surveys a military road, 84, 85 ; de- 
position of, 108 ; a commissioner, 738. 
Williams, James, 429, 738. 
Williams, Jesse, a quarter-master, 651. 
Williams, John, 542. 

Williams, Kev. John, 10, 673; his sermon, 11. 
Williams, Samuel, 2d, 738. 
Williams, Simeon, 429. 
Williams, Staltham, 762. 
Williams, Col. William, 38, 98, 198, 199, 232, 
247, 249. 255, 276, 287, 647, 770, 771 ; petition 
of 181, 182 ; imprisoned, 236 ; chosen a 
delegate, 246, 250, 254, 767; letter Of, 298; 
statement of, 374; character, of, 441; his 
failure to make an arrest, 442 ; biography of, 
728—780; a justice, 765. 
Williams, Zipporah, 694. 
Willis, Benjamin, 738. 
Willis, Joseph, 788. 

Willson, Benjamin, opposes the laws of Ver- 
mont, 834. , ^ 
Willson or Wilson, Lucas, 257, 773 ; tnal of, 

348 344. 
Wilson, Peter, 96 
Wilson, William, 739, 743. 
Winchester, Joseph, a justice, 481, 765. 
Wise, John, 280. 

Witherspoon, Dr. John, 700 ; deputed to visit 
the Grants, 850 ; his interview with Chit- 
tenden, 356 ; report of 358, 369. 
Wittnell, Jeremiah, 788. 
. Wood, Silvanus, 550. 
I Wood, Stephen, 738. 
'^'Woodhull, Col. Nathaniel, a patriot, 608. 
Woods, Joseph, 175. 

Woodward, Bezaleel, earnest appeal of, 302. 
Woodward, Robert, 788. 
Woodward, Timothv, 511. 

Woolcot, Mr. , 735. 

Woostcr, Gen. Diivid, petition of, 132 ; death 

of, 595. 
Wooster, Timothy, 550. 
Worthingtou, John, 692. 
Wray, George, 762. 
Wright, Amasa. 78. 

Wright, Capt. Azariah, 196, 231, 639, 772 ; his 
patriotism. 219 ; his conversation with Judge 
Chandler, 220 ; a leader at the Westminster 
massacre, 220, 224 ; biography of, 730— 734 : 
names of the members of his company, 752, 
768 
Wright, Azariah, 2d, 2.38. 
Wright, Capt. Benjamin, 19 : Lieut., 771. 
Wright, Benoni, 123 ; his punishment, 125. 
Wright, Jonathan, 817, 318, 690. 
Wright, Medad, 135, 753 ; trial of 848, 344. 
Wright, Moses, 101, 206, 773. 



INDEX OF PEES0K8. 



799 



Wright, Reuben, his conflict with the Indians, 

88 
Wright, Salmon, testimony of, 288. 
Wright, Tliomas M., taken prisoner, 882. 
Wright, Zadock, 828, 765. 
Wyman, Capt Isaac, 70 
Wyman, Matthew, 48 ; his captivity, 44, 45. 
Wyman, William, 96. 



Wythe, George, 628. 

Yates, Eohert, 558, 559, 564, 649, 764 

Yaw, Amos, 759. 

Yaw, Amos, Jr., 426,527, 758 ; trial of 521. 

Yaw, Moses, 426, 510, 759. 

Young, Dr. Thomas, address of, 566, 567. 

Youngs, Thomas, 524. 



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